How can a personal representative reimburse funeral expenses from wrongful death proceeds in North Carolina when no estate assets exist?

Probate Q&A Series

How can a personal representative reimburse funeral expenses from wrongful death proceeds in North Carolina when no estate assets exist? Detailed Answer When a loved one dies due to another’s negligence, North Carolina law allows certain expenses—such as funeral and burial costs—to be paid from any wrongful death recovery before distributing the balance to heirs.…

How can an executor in North Carolina regain access to estate property if co-heirs lock them out?

Probate Q&A Series

Detailed Answer When someone dies, the clerk of superior court appoints an executor (also called a personal representative) who holds letters testamentary. These letters give the executor the legal authority to collect, manage, and safeguard estate property. If co-heirs change the locks or otherwise deny access, they interfere with the executor’s duty to secure and…

What steps must a North Carolina personal representative take to report and account for a missing vehicle in probate?

Probate Q&A Series

What steps must a North Carolina personal representative take to report and account for a missing vehicle in probate? Detailed Answer When you serve as a personal representative in North Carolina, you must identify, gather, and account for every estate asset. A missing vehicle still qualifies as estate property. North Carolina law sets clear rules…

How does intestate succession divide a jointly owned North Carolina house when a co-owner dies without a will?

Probate Q&A Series

How Intestate Succession Divides a Jointly Owned North Carolina House When a Co-Owner Dies Without a Will Detailed Answer When a co-owner of real property in North Carolina dies without leaving a will, whether the property passes by intestate succession depends on how the co-owners held title. North Carolina recognizes two common forms of joint…

How do I access a decedent’s credit union account and insurance proceeds when I’m not a named account holder in North Carolina?

Probate Q&A Series

How to Access a Decedent’s Credit Union Account and Insurance Proceeds in North Carolina When You’re Not a Named Account Holder Detailed Answer When someone passes away, any funds in a credit union account or insurance policy typically become part of the decedent’s estate unless there is a payable-on-death (POD) designation or named beneficiary. If…

What are the requirements for a personal representative to sell inherited real property during probate in North Carolina?

Probate Q&A Series

What are the requirements for a personal representative to sell inherited real property during probate in North Carolina? 1. Detailed Answer When someone passes away owning real estate in North Carolina, the court appoints a personal representative (sometimes called an executor or administrator) to settle the estate. Selling inherited real property requires the representative to…