Category Archives: Probate Q&A Series

Am I allowed to clear hazardous junk and secure the property before probate is complete, and how can I get liability coverage while the property is in poor condition? nc

Am I allowed to clear hazardous junk and secure the property before probate is complete, and how can I get liability coverage while the property is in poor condition? – North Carolina Short Answer In North Carolina, it is often possible to take practical, safety-focused steps to secure a property and remove immediate hazards before…

Can I get copies of the appraisal, inspection, and the closing statement even though I didn’t attend the closing? nc

Can I get copies of the appraisal, inspection, and the closing statement even though I didn’t attend the closing? – North Carolina Short Answer Often, yes—missing the closing does not automatically prevent an estate representative or an estate beneficiary from getting key sale records. In North Carolina probate administration, the estate’s personal representative generally needs…

How can I accept a credit card claim settlement for the estate and set up a manageable payment plan? nc

How can I accept a credit card claim settlement for the estate and set up a manageable payment plan? – North Carolina Short Answer In North Carolina, a personal representative can often resolve a credit card claim by confirming the claim was properly presented, deciding whether to allow it, and then documenting any settlement and…

How do I start the process to transfer or sell inherited real estate when the property is in a different county? nc

How do I start the process to transfer or sell inherited real estate when the property is in a different county? – North Carolina Short Answer In North Carolina, the estate is usually opened with the Clerk of Superior Court in the county tied to the decedent’s residence, but a transfer or sale of inherited…

How do I confirm whether probate letters have actually been issued when the online docket shows a qualification date? NC

How do I confirm whether probate letters have actually been issued when the online docket shows a qualification date? – North Carolina Short Answer In North Carolina, “qualification” and an order authorizing issuance of letters usually mean the Clerk of Superior Court has approved the appointment, but the safest confirmation is to obtain a certified…

Can my siblings legally assign their shares of the estate to me, and what specific documents do we need so I can refinance? nc

Can my siblings legally assign their shares of the estate to me, and what specific documents do we need so I can refinance? – North Carolina Short Answer Yes. In North Carolina, siblings who inherit an interest in an estate can usually transfer that inherited interest to another sibling, but the lender and title company…

What happens at a court hearing on a year’s allowance, and what testimony or documents should we prepare? nc

What happens at a court hearing on a year’s allowance, and what testimony or documents should we prepare? – North Carolina Short Answer In North Carolina, a year’s allowance hearing is usually a Clerk of Superior Court hearing focused on whether the surviving spouse qualifies for the allowance and what estate personal property should be…

When should the creditor notice be published, how long is the standard notice period, and when is it safe to start paying claims or making distributions? nc

When should the creditor notice be published, how long is the standard notice period, and when is it safe to start paying claims or making distributions? – North Carolina Short Answer In North Carolina, the personal representative generally publishes the notice to creditors after the Clerk of Superior Court issues the probate letters (Letters Testamentary…

What taxes have to be figured out and paid before the estate can distribute the remaining funds? NC

What taxes have to be figured out and paid before the estate can distribute the remaining funds? – North Carolina Short Answer In North Carolina, an estate generally should not make final distributions until it has addressed (1) the decedent’s final income taxes, (2) the estate’s own income taxes during administration, and (3) any property…

How do we open probate when someone dies without a will and the surviving spouse needs access to a bank account that’s only in the deceased person’s name? nc

How do we open probate when someone dies without a will and the surviving spouse needs access to a bank account that’s only in the deceased person’s name? – North Carolina Short Answer In North Carolina, when someone dies without a will (intestate) and a bank account is titled only in the deceased person’s name,…