Can I request an extension of time to refile an accounting when the clerk requires a different format? – North Carolina Short Answer Yes. In North Carolina probate, the Clerk of Superior Court generally has discretion to extend certain accounting deadlines for good cause, and it is common to request more time when the clerk…
How do I properly reject a creditor’s claim and document that it was untimely? – North Carolina Short Answer In North Carolina estate administration, a personal representative typically documents an “untimely” creditor claim by (1) confirming the creditor did not properly present the claim within the statutory claims period and (2) sending a written notice…
What documents do we need to prove who inherits the land and record the transfer? – North Carolina Short Answer In North Carolina, the documents needed usually depend on whether the land passes under a Will or under intestacy (no Will). Commonly, the key paperwork includes a certified death certificate, the probated Will and probate…
Can a probate attorney help me avoid mistakes and delays when I’m trying to get probate started? – North Carolina Short Answer Yes. In North Carolina, probate starts through the Clerk of Superior Court, and delays often come from filing the wrong opening documents, missing required information, or misunderstanding what the clerk needs before issuing…
What happens if a bank keeps delaying or refusing to process estate paperwork even after I provide what they asked for? – North Carolina Short Answer In North Carolina, a bank will usually not complete estate paperwork or release estate funds until it is satisfied that the person making the request has legal authority and…
Can the land be transferred if there wasn’t a will, and what is the process? – North Carolina Short Answer Yes. In North Carolina, land owned by someone who dies without a will generally passes to the legal heirs under the intestate succession laws, but the transfer still has to be documented correctly. In many…
How do I deal with the mortgage lender or foreclosure case while the estate is pending? – North Carolina Short Answer In North Carolina, the most practical way to deal with a mortgage lender or an active foreclosure after a homeowner dies is to get an estate opened and have a personal representative (administrator) appointed…
Can I legally remove a deceased parent’s name from a joint bank account, and do I still need to report that account during probate? – North Carolina Short Answer In North Carolina, a surviving joint account owner can usually have the bank update the account after a parent’s death by providing a certified death certificate…
How can I find out if another family member has filed paperwork to be the administrator of my parent’s estate? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (Estates Division) in the county where the parent lived usually handles estate-opening paperwork and issues “letters of administration.” To find out whether…
Can the executor request tax transcripts and records to confirm whether the deceased owed taxes or needed to file returns? – North Carolina Short Answer Yes. In North Carolina, a court-appointed executor or administrator (the “personal representative”) can request federal tax transcripts and copies of prior returns to confirm what was filed, what income was…
