Category Archives: Probate Q&A Series

Can a creditor require the personal representative to pay a decedent’s credit-card debt using their own money or jointly owned assets? nc

Can a creditor require the personal representative to pay a decedent’s credit-card debt using their own money or jointly owned assets? – North Carolina Short Answer Usually no. In North Carolina, a decedent’s credit-card debt is generally paid (if at all) from estate assets—not from the personal representative’s own funds. Property that passed by survivorship…

Can a financial institution provide statements for multiple deposit and certificate accounts under one probate request? nc

Can a financial institution provide statements for multiple deposit and certificate accounts under one probate request? – North Carolina Short Answer Yes—under North Carolina estate practice, a financial institution can usually respond to one probate/estate information request by producing statements and account details for multiple deposit and certificate accounts held by the same deceased customer,…

If the person who applied to be executor is denied because they are not an heir, can I or another child step in to be appointed instead? nc

If the person who applied to be executor is denied because they are not an heir, can I or another child step in to be appointed instead? – North Carolina Short Answer Yes. In North Carolina, if the person who applied cannot serve (or is denied), the Clerk of Superior Court can appoint someone else…

Can the estate negotiate or settle credit card and other unsecured debts for less than the full balance, and how does that affect what the heirs receive? nc

Can the estate negotiate or settle credit card and other unsecured debts for less than the full balance, and how does that affect what the heirs receive? – North Carolina Short Answer Yes. In North Carolina, a personal representative can often negotiate and settle unsecured debts (like credit cards) for less than the full balance,…

How do I get a paid-in-full funeral receipt to submit for an estate administration? nc

How do I get a paid-in-full funeral receipt to submit for an estate administration? – North Carolina Short Answer In North Carolina, the fastest way to get a paid-in-full funeral receipt for an estate administration is usually to request a “paid in full” statement directly from the funeral home’s billing office. If the funeral home…

How do I report a stolen EIN and estate paperwork so nobody can use the information? nc

How do I report a stolen EIN and estate paperwork so nobody can use the information? – North Carolina Short Answer In North Carolina, the practical way to stop misuse of a stolen estate EIN and estate paperwork is to (1) create an official paper trail with law enforcement, (2) notify the IRS that a…

If a partition case is already filed, can we still settle it by agreeing to sell the property together outside of court? nc

If a partition case is already filed, can we still settle it by agreeing to sell the property together outside of court? – North Carolina Short Answer Yes. In North Carolina, co-owners can still resolve a pending partition case by reaching a written agreement to sell the property together. The usual way to make that…

If I can’t find a timeshare deed online, where should I search and what information do I need to provide to locate it? nc

If I can’t find a timeshare deed online, where should I search and what information do I need to provide to locate it? – North Carolina Short Answer In North Carolina, a deeded timeshare interest is typically found in the county’s Register of Deeds “real property” or “official records,” not on the property appraiser/tax site.…

How do we remove or challenge someone being appointed as the estate administrator if we don’t agree with that choice, and how can we find out if anything has already been filed? nc

How do we remove or challenge someone being appointed as the estate administrator if we don’t agree with that choice, and how can we find out if anything has already been filed? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (as the probate judge) controls who is appointed as the…

Can I ask the court to remove or block someone from serving as executor if they have a felony record or aren’t doing their duties? nc

Can I ask the court to remove or block someone from serving as executor if they have a felony record or aren’t doing their duties? – North Carolina Short Answer Yes. In North Carolina, an “interested person” can ask the Clerk of Superior Court (the probate court) to revoke an executor’s authority (their “letters”) and…