Do all beneficiaries have to sign off on the sale, and what happens if one refuses? – North Carolina Short Answer No. In North Carolina, beneficiaries do not automatically have veto power over an estate sale. Whether beneficiary signatures are needed depends on who has authority to sell (the personal representative under a will power…
If the deceased parent is listed on my birth certificate, is that enough to inherit through probate? – North Carolina Short Answer In North Carolina, a birth certificate is often enough to show the parent-child relationship for probate, but not always. It tends to be straightforward for inheriting from a mother. For inheriting from a…
What are my duties as executor to secure a vacant house while probate is being opened? – North Carolina Short Answer In North Carolina, an executor (personal representative) has a fiduciary duty to protect and preserve estate property while the estate is being opened and administered. For a vacant house, that usually means taking reasonable,…
How are the proceeds from selling estate property divided among heirs and creditors? – North Carolina Short Answer In North Carolina, money from the sale of estate property generally goes first to estate administration costs and other higher-priority claims, then to lower-priority creditors, and only after valid claims and required allowances are handled does any…
Can I keep the inherited car, pay expenses out of pocket, and have that recorded correctly in the final probate accounting? – North Carolina Short Answer Yes. In North Carolina, when a vehicle is the main probate asset, the personal representative can usually distribute the car “in kind” to the sole beneficiary and pay allowed…
What documents or proof do I need to provide if the court requests more information about my application? – North Carolina Short Answer In North Carolina, when the Clerk of Superior Court asks for more information about a Year’s Allowance application, the clerk usually wants proof of (1) eligibility (for example, that the applicant is…
How can we remove a personal representative who won’t communicate and have a new one appointed? – North Carolina Short Answer In North Carolina, an “interested person” can ask the Clerk of Superior Court (the estate clerk) to revoke the personal representative’s letters and appoint a successor when the personal representative is not properly doing…
What happens if the court flags issues in the final accounting and how do I correct them? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court reviews and audits a personal representative’s final accounting before approving it. If the clerk finds problems, the clerk typically will not approve the final account…
How do I handle a UCC filing for leased or financed solar panels during probate and when transferring the house to an heir? – North Carolina Short Answer In North Carolina, a UCC filing on solar panels usually signals that a lender or leasing company claims a security interest in the equipment (and sometimes in…
How should I list joint accounts, beneficiary-designated accounts, and assets sold after death on the inventory and later accounting? – North Carolina Short Answer In North Carolina, the inventory generally lists only assets owned by the decedent (or payable to the estate) as of the date of death. Joint accounts with survivorship and beneficiary-designated accounts…
