Can I sell a property as-is to an investor without first removing personal items? – North Carolina Short Answer Yes—under North Carolina probate law, a personal representative can sell estate real property “as-is,” and can include the remaining contents if properly authorized. If the will gives you power to sell or you hold title, you…
When am I allowed to close the estate bank account and distribute the remaining assets? – North Carolina Short Answer In North Carolina, you can make final distributions and close the estate bank account only after the creditor claim period has run, all valid debts, taxes, and administration expenses are paid (or properly provided for),…
Can I waive my personal representative commission so the estate is split equally with my sibling? – North Carolina Short Answer Yes. In North Carolina, a personal representative may waive or reduce their commission. Commissions are allowed only by order of the Clerk of Superior Court and are generally capped at up to 5% of…
How do I get cancelled check images from the bank to include in probate accounting? – North Carolina Short Answer In North Carolina probate, the Clerk of Superior Court requires you to support each payment shown on your account with a “voucher,” and cancelled check images count. Ask the bank that holds the estate account…
What is the best way to record and classify funds I withdrew early from the decedent’s account? – North Carolina Short Answer In North Carolina, deposit any money you took from the decedent’s account into the estate checking account and record it on your accounting as a receipt. Show the payments you made (for example,…
What steps should I follow if the probate file isn’t in the county records? – North Carolina Short Answer Start by confirming you are looking in the right county. In North Carolina, estates are opened in the decedent’s county of domicile, not necessarily where the real estate sits. If the will was probated in another…
How can I obtain a copy of a probate record from North Carolina? – North Carolina Short Answer In North Carolina, probate records are kept by the Clerk of Superior Court in the county where the estate was opened. Most estate filings (such as a probated will, Letters Testamentary/Administration, inventories, and accountings) are public once…
Can I request probate records remotely or must I visit the county clerk’s office? – North Carolina Short Answer Yes. In North Carolina, most probate (estate) files are public, and you can usually request copies remotely from the Clerk of Superior Court in the county where the estate was filed. You can ask for plain,…
Are there fees or standard waiting periods for accessing probate documents? – North Carolina Short Answer In North Carolina, most probate files are public once documents are filed with the Clerk of Superior Court, and there is no standard waiting period to inspect or obtain copies. You pay per-page copy fees and an additional fee…
What information do I need to request a probate file in North Carolina? Short Answer In North Carolina, probate files are kept by the Clerk of Superior Court (Estates Division) in the county where the estate was opened. Most estate records, including a probated will, are public unless sealed by law. To request a file,…
