How do we start probate when a parent dies without a will and the only assets are bank accounts and a pension? – North Carolina Short Answer In North Carolina, probate usually starts by having an eligible family member apply with the Clerk of Superior Court to be appointed as the estate’s administrator and receive…
How can I figure out what assets are part of the estate versus things that pass automatically outside the estate? – North Carolina Short Answer In North Carolina, the easiest way to sort “estate assets” from “non-estate transfers” is to look at how each asset is titled and whether it has a beneficiary or survivorship…
What can I do if no one has opened an estate even though my parent died months ago? – North Carolina Short Answer In North Carolina, when no one has opened an estate months after a death, an interested person (often an heir or beneficiary) can start the probate process with the Clerk of Superior…
What happens if a brokerage or bank account has a named beneficiary—does that keep the money out of the estate and force a sale of the home to pay claims? – North Carolina Short Answer In North Carolina, a bank or brokerage account with a valid POD/TOD beneficiary usually passes outside the probate estate, so…
What happens if the executor doesn’t properly notify heirs or doesn’t file the required inventory and other probate paperwork on time? – North Carolina Short Answer In North Carolina, an executor (personal representative) who fails to give required notices or misses required probate filings can be ordered by the Clerk of Superior Court to fix…
Do we need court permission to sell estate real estate to pay creditor claims? – North Carolina Short Answer Often, yes. In North Carolina, when an estate needs to sell a decedent’s real estate to raise money to pay valid creditor claims, the personal representative typically must get an order through a clerk-of-court supervised sale…
What can I do to stop someone from selling or giving away family heirlooms and other personal property before the estate is settled? – North Carolina Short Answer In North Carolina, the most effective way to stop someone from selling or giving away a decedent’s personal property is to get a personal representative (executor/administrator) appointed…
What is the process for handling firearms held by law enforcement after the owner dies, and can they be transferred to an heir or held for a child? – North Carolina Short Answer In North Carolina, firearms held by law enforcement after an owner’s death are usually released only to a legally authorized person (often…
What happens if the executor misses the deadline to file the estate inventory and the court issues an order to file? – North Carolina Short Answer In North Carolina, if a personal representative (executor) misses the inventory deadline, the Clerk of Superior Court can issue an “order to file” requiring the inventory to be filed…
Do heirs have to consent to selling estate property to pay creditors, or can the estate administrator sell it without everyone signing? – North Carolina Short Answer In North Carolina, heirs do not always have to sign or consent for estate real property to be sold to pay valid estate debts. If the estate needs…
