Can I add my sibling’s name to the administration documents after filing? – North Carolina Short Answer Sometimes, but it is not a simple “edit” after the fact. In North Carolina, the Clerk of Superior Court issues Letters of Administration to the personal representative(s), and adding a co-administrator after filing usually requires additional paperwork and…
Will I need to post a bond to serve as administrator from out-of-state, and how is that amount determined? – North Carolina Short Answer In North Carolina, an administrator of an intestate estate often must post a court bond, and a nonresident administrator usually cannot have that bond waived just because the heirs agree. The…
Can I pay my mother’s credit card debts now and get reimbursed from the estate later? – North Carolina Short Answer Usually, it is safer in North Carolina to wait until an estate is opened and a personal representative (administrator) is appointed before paying credit card debts, even if family members plan to “settle up…
How can I start probate as the only child when my parent died without a will? – North Carolina Short Answer In North Carolina, starting probate when a parent died without a will usually means asking the Clerk of Superior Court (the probate court) in the county where the parent lived to appoint an “administrator”…
Can I get the bank to release funds if no beneficiary was named on the account? – North Carolina Short Answer Yes, but usually not just by asking the bank. In North Carolina, if a bank account has no payable-on-death beneficiary and is not a joint account with survivorship rights, the money typically becomes part…
How do I get access to a deceased parent’s stored belongings and resolve disputes over personal property that may not be part of the probate inventory? – North Carolina Short Answer In North Carolina, the person with legal authority to take control of a deceased parent’s belongings is usually the court-appointed personal representative (the executor…
What steps let me finalize a DMV title transfer after a small estate affidavit is approved? – North Carolina Short Answer In North Carolina, a vehicle that is still titled in a deceased persons name can often be retitled through the N.C. Division of Motor Vehicles (DMV) using DMVs inheritance affidavit process, even when the…
How can I transfer a car titled in my parent’s name using a small estate affidavit when my co-executor won’t sign? – North Carolina Short Answer In North Carolina, a “small estate affidavit” (collection by affidavit) does not work the same way for vehicle titles as it does for bank accounts, and the DMV often…
Am I entitled to half the sale proceeds of the vehicle once probate is complete even if the title isn’t updated? – North Carolina Short Answer Usually, yes—if the will or North Carolina intestacy rules say the beneficiary share is one-half, the right to that share comes from the estate distribution, not from whether the…
What happens in probate if I can’t obtain the proof of publication—can the court accept other evidence? – North Carolina Short Answer Yes. In North Carolina probate, the usual way to prove publication of the notice to creditors is an affidavit (proof) of publication from the newspaper, but that is not the only permitted proof.…
