What happens if some heirs refuse mediation or won’t sign off—can I still force a sale of the property? — North Carolina Short Answer Yes. In North Carolina, you do not need every heir’s signature to move forward. If co-owners (heirs) cannot agree, you can file a partition action. The court can first order mediation;…
What happens after the 90-day waiting period for an unclaimed property claim? — North Carolina Short Answer In North Carolina, the State Treasurer should decide a completed unclaimed property claim within about 90 days. If your claim is approved, the Treasurer issues payment or delivers the asset. If the claim is incomplete, you will be…
How can I get appointed administrator of my dad’s estate when he died without a will? — North Carolina Short Answer In North Carolina, you apply with the Clerk of Superior Court in the county where your dad lived at death to be appointed “administrator.” The clerk follows a priority list (spouse first, then heirs/next…
What is the order of succession among children for estate administration when there is no will? — North Carolina Short Answer In North Carolina, if there is no will, all adult children stand on equal footing to apply to serve as administrator—unless a surviving spouse applies first, because the spouse has higher priority. If multiple…
What steps do I need to get court approval to sell the house and pay off the mortgage? — North Carolina Short Answer In North Carolina, a personal representative (executor or administrator) generally needs a court order from the Clerk of Superior Court to sell estate real estate unless the will clearly authorizes a sale.…
Can I use payable-on-death accounts to pay estate creditors if other assets aren’t enough? — North Carolina Short Answer Yes—under North Carolina law, funds in payable-on-death (POD) accounts are nonprobate and pass to the named beneficiary, but the personal representative can reclaim the amount needed to pay valid estate debts if the estate’s assets are…
What happens if a creditor files a claim after the 90-day notice period ends? — North Carolina Short Answer Under North Carolina’s “nonclaim” statute, most creditor claims that are not presented by the deadline are forever barred. If the personal representative properly published the notice to creditors and mailed notice to any known or reasonably…
How can I set up an estate bank account using the IRS EIN for my deceased parent? — North Carolina Short Answer In North Carolina, you open an estate bank account after you qualify with the Clerk of Superior Court as the personal representative and receive Letters (Letters Testamentary or Letters of Administration). Then you…
How do I claim my share of my mother’s estate in North Carolina if she died without a will? — North Carolina Short Answer In North Carolina, if your mother died without a will (intestate), her probate assets are divided by statute. After debts and allowed expenses, the surviving spouse (if any) takes a statutory…
What evidence do I need to show undue influence or lack of capacity when signing a will? — North Carolina Short Answer In North Carolina, you prove lack of capacity with evidence that, at the time of signing, the person didn’t understand who their family/beneficiaries were, what they owned, how the will worked, or its…
