Category Archives: Probate Q&A Series

When should the creditor notice be published, how long is the standard notice period, and when is it safe to start paying claims or making distributions? nc

When should the creditor notice be published, how long is the standard notice period, and when is it safe to start paying claims or making distributions? – North Carolina Short Answer In North Carolina, the personal representative generally publishes the notice to creditors after the Clerk of Superior Court issues the probate letters (Letters Testamentary…

What taxes have to be figured out and paid before the estate can distribute the remaining funds? NC

What taxes have to be figured out and paid before the estate can distribute the remaining funds? – North Carolina Short Answer In North Carolina, an estate generally should not make final distributions until it has addressed (1) the decedent’s final income taxes, (2) the estate’s own income taxes during administration, and (3) any property…

How do we open probate when someone dies without a will and the surviving spouse needs access to a bank account that’s only in the deceased person’s name? nc

How do we open probate when someone dies without a will and the surviving spouse needs access to a bank account that’s only in the deceased person’s name? – North Carolina Short Answer In North Carolina, when someone dies without a will (intestate) and a bank account is titled only in the deceased person’s name,…

What happens if an estate administration case has already gone back to court more than once? nc

What happens if an estate administration case has already gone back to court more than once? – North Carolina Short Answer In North Carolina, an estate administration file can return to the Clerk of Superior Court more than once without meaning anything “went wrong.” Most repeat court dates happen because the clerk needs missing paperwork…

Is it better to send all beneficiary paperwork and checks at the same time, or to process each beneficiary separately as their documents arrive? nc

Is it better to send all beneficiary paperwork and checks at the same time, or to process each beneficiary separately as their documents arrive? – North Carolina Short Answer In North Carolina estate administration, it is usually safer to process each beneficiary separately as signed documents arrive, rather than waiting for everyone and mailing all…

What documents and account details should I gather now to make the estate inventory complete, and what is the standard inventory deadline after probate opens? nc

What documents and account details should I gather now to make the estate inventory complete, and what is the standard inventory deadline after probate opens? – North Carolina Short Answer In North Carolina, the personal representative (executor/administrator) should gather documents that prove what the decedent owned, how it was titled, and the date-of-death value. Practically,…

What happens if the original dealership or finance company is out of business and I don’t know who currently holds the lien? nc

What happens if the original dealership or finance company is out of business and I don’t know who currently holds the lien? – North Carolina Short Answer In North Carolina, a lien on a vehicle title does not disappear just because the original dealership or finance company closed. The lien may have been sold or…

What happens if I return the estate inventory late? nc

What happens if I return the estate inventory late? – North Carolina Short Answer In North Carolina, filing the estate inventory late can trigger the Clerk of Superior Court to issue an order requiring the personal representative to file by a set deadline (often at least 20 days) or appear and explain the delay. If…

How do I find out whether my deceased parent filed tax returns in recent years? nc

How do I find out whether my deceased parent filed tax returns in recent years? – North Carolina Short Answer In North Carolina, the most reliable way to confirm whether a deceased parent filed recent federal tax returns is to request IRS transcripts (and, if needed, copies of returns) for the years in question. A…

What should I do if a relative closed the decedent’s bank accounts before I could manage the estate? nc

What should I do if a relative closed the decedent’s bank accounts before I could manage the estate? – North Carolina Short Answer In North Carolina, once letters have been issued, the executor (personal representative) is the person with legal authority to collect and manage estate assets. If a relative closed the decedent’s bank accounts,…