How do I start probate to transfer my sibling’s real estate when I live in another state? – North Carolina Short Answer In North Carolina, probate and estate administration are handled through the Clerk of Superior Court. Living in another state does not prevent starting the process, but the filing must be made in the…
What documents will a creditor’s estate department usually require to discuss the account? – North Carolina Short Answer In North Carolina, a creditor’s estate department usually will not discuss a deceased person’s credit card account with a family member unless that person can prove legal authority to act for the estate. The most commonly requested…
Can I obtain a death certificate if I’m not an immediate family member, and what proof do I need? – North Carolina Short Answer Sometimes. In North Carolina, access to a certified death certificate is restricted, so a person who is not an immediate family member may need to show a legally recognized reason for…
Can a will be thrown out if the witnesses and notary didn’t actually see it signed, and what evidence can I use to prove my parent intended to revoke the earlier will? – North Carolina Short Answer Yes. In North Carolina, an attested will can be rejected if the signing and witnessing steps did not…
How do I open an estate bank account and handle the sale proceeds during the creditor claim window? – North Carolina Short Answer In North Carolina, the personal representative (administrator) typically opens an estate checking account right after qualification using the estate’s own taxpayer identification number (not the decedent’s Social Security number) and the Letters…
How do I correct errors on a death certificate, such as wrong marital status and birth date? – North Carolina Short Answer In North Carolina, a death certificate generally cannot be changed after it is filed unless an amendment request is submitted through the State Registrar (NC Vital Records) using the required form and proof.…
How do I inventory assets at the time of death when records are decades old? – North Carolina Short Answer In North Carolina, the estate inventory is a list of probate assets valued as of the decedent’s date of death, even if the paperwork is old or incomplete. If exact values or account details are…
Do I have to disclose a known easement-related foundation defect to buyers? – North Carolina Short Answer In North Carolina, a seller generally must disclose known problems that fall within the items covered by the state’s Residential Property Disclosure Statement, including foundation and other structural components. A damaged retaining wall tied to a sewer easement…
What steps do I need to complete an estate accounting and close the probate? – North Carolina Short Answer In North Carolina, a probate estate usually closes only after the personal representative files the required account(s) with the Clerk of Superior Court, pays valid debts and expenses, and makes the final distributions so the ending…
How can I force the trustee to release more of my trust funds for my medical and living expenses? – North Carolina Short Answer In North Carolina, a beneficiary generally cannot “force” a trustee to make a larger distribution unless the trust terms require it or the trustee is abusing discretion or failing to follow…
