Can I ask the court to transfer probate to a different county because of a conflict of interest? – North Carolina Short Answer In North Carolina, probate and most estate administration matters usually stay in the county where the estate is opened and handled by the Clerk of Superior Court (the probate judge). A request…
How can I contest a will that has already been submitted for probate? – North Carolina Short Answer In North Carolina, the usual way to contest a will after it has been submitted for probate is to file a caveat in the decedent’s estate file with the Clerk of Superior Court. In many cases, a…
How can I compel a relative who is serving as trustee to transfer the remaining assets into the trust account? – North Carolina Short Answer In North Carolina, a trust beneficiary can often compel a trustee to gather, protect, and properly title trust property by making a written demand for information and action, and then…
What authority does a trustee have to demand distribution of trust assets from a co-holder? – North Carolina Short Answer In North Carolina, a trustee generally has authority to collect and control assets that are actually titled in the name of the trust, and can demand that a third party deliver those trust-owned assets to…
How can I use my letters of administration to access and manage my mother’s bank and investment accounts? – North Carolina Short Answer In North Carolina, letters of administration are the court document that proves an estate administrator has authority to act for the estate. Most banks and investment firms will require a certified copy…
How can I probate my sibling’s estate when only one account lacks a beneficiary? – North Carolina Short Answer In North Carolina, if a sibling dies with most assets passing by beneficiary designations or joint ownership, the one brokerage account without a beneficiary usually must be handled through the Clerk of Superior Court by opening…
How can I gain access to my late spouse’s Google Photos as executor of the estate? – North Carolina Short Answer In North Carolina, a personal representative (executor) can request a deceased person’s “digital assets” from the company that holds them, but the company does not have to hand over the login or give full…
If there is no will, how are the home and other assets split between the surviving spouse and the children, and can I receive my share without forcing the spouse to move? – North Carolina Short Answer In North Carolina, if a parent dies without a valid will, state “intestate succession” rules control how the…
How can I get the backup executor to renounce their appointment so I can serve as executor? – North Carolina Short Answer In North Carolina, a backup (successor) executor can step aside by signing a written renunciation and filing it with the Clerk of Superior Court handling the estate. The most common way is an…
How can I speed up the issuance of letters of administration? – North Carolina Short Answer In North Carolina, letters of administration usually issue once the Clerk of Superior Court approves a complete application and the proposed personal representative has satisfied the “qualification” steps (oath, bond if required, and a resident process agent if the…
