Category Archives: Probate Q&A Series

What happens if a family member believes there are accounts at a brokerage, but the brokerage says it can’t find anything under the information provided? nc

What happens if a family member believes there are accounts at a brokerage, but the brokerage says it can’t find anything under the information provided? – North Carolina Short Answer In North Carolina estate administration, a brokerage saying it “can’t find anything” usually means the search information is incomplete, the account is held under a…

If we can’t locate the deceased person’s investment accounts, can the estate still be opened and completed without them? nc

If we can’t locate the deceased person’s investment accounts, can the estate still be opened and completed without them? – North Carolina Short Answer Yes, an estate can usually be opened in North Carolina even if possible investment accounts cannot be located at the start. The personal representative still has a duty to make a…

Can the funeral home provide an itemized statement that can be submitted to the probate court as an estate expense? nc

Can the funeral home provide an itemized statement that can be submitted to the probate court as an estate expense? – North Carolina Short Answer Yes. In North Carolina, funeral charges are commonly documented with an itemized funeral home statement, and that documentation is typically used by the personal representative to support payment or reimbursement…

How can I find out whether the will has already been filed with the court and whether the estate has started distributing property? nc

How can I find out whether the will has already been filed with the court and whether the estate has started distributing property? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (Estates) is the place to check whether a will has been filed and whether an estate has been opened.…

Can I force the executor to provide an accounting and copies of the will and estate paperwork? nc

Can I force the executor to provide an accounting and copies of the will and estate paperwork? – North Carolina Short Answer In North Carolina, an executor (personal representative) generally must file an inventory and later file accountings with the Clerk of Superior Court in the county where the estate is opened. If the executor…

How do I start probate if my parent may have had a will but nobody can find it? nc

How do I start probate if my parent may have had a will but nobody can find it? – North Carolina Short Answer In North Carolina, probate starts in the Clerk of Superior Court (the “estate” office) in the county where the parent lived at death. If no original will can be located, the clerk…

What happens if an intestate heir says they never received notice that an estate was opened? nc

What happens if an intestate heir says they never received notice that an estate was opened? – North Carolina Short Answer In North Carolina, an intestate heir often does not receive automatic “court notice” just because an estate was opened. If an heir later claims no notice, the usual next step is to pull the…

If I miss the remote estate hearing, what happens next and can it be rescheduled? nc

If I miss the remote estate hearing, what happens next and can it be rescheduled? – North Carolina Short Answer In North Carolina estate special proceedings, if an interested party misses a remote hearing, the Clerk of Superior Court can usually still hold the hearing and enter an order based on the evidence presented. In…

What proof do I need to show that the items belong to the estate before someone has to return them? nc

What proof do I need to show that the items belong to the estate before someone has to return them? – North Carolina Short Answer In North Carolina, there is no single “magic document” that forces a person to return property to an estate. The executor generally needs enough proof to show (1) the decedent…

Do jointly owned bank accounts automatically become mine after my spouse dies, or can the children challenge that? nc

Do jointly owned bank accounts automatically become mine after my spouse dies, or can the children challenge that? – North Carolina Short Answer In North Carolina, a jointly owned bank account with a properly created right of survivorship generally becomes the surviving spouse’s account at death and does not pass through probate. However, children (or…