How can I record my stepmother’s will if the original isn’t found? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to admit a copy of a missing will to probate. You must show, with clear and convincing evidence, that the will was properly executed, what it said,…
How do I move probate forward when step-siblings are disputing control? – North Carolina Short Answer In North Carolina, you do not have to wait indefinitely for a named executor to act. If the executor has not applied to probate the will within 60 days, any devisee or other interested person can apply after giving…
Can I account for items my spouse gave away shortly before passing? – North Carolina Short Answer Usually no. The North Carolina inventory lists only what the decedent owned at death. But if a near-death transfer was a gift made in contemplation of death, was intended to defeat creditors, or reduces a surviving spouse’s elective…
How can I prove right of survivorship on joint bank accounts held with my spouse? – North Carolina Short Answer In North Carolina, you prove a right of survivorship on a joint bank account by showing the account’s signed, written agreement (often the signature card or deposit agreement) that clearly elects survivorship and is signed…
What steps do I take to get vehicle title history from the DMV for probate? – North Carolina Short Answer In North Carolina, a personal representative can request a vehicle’s title history from the N.C. Division of Motor Vehicles by submitting a DMV record request with proof of authority (Letters Testamentary/Administration), the VIN or plate/title…
Do I need to list boats, firearms, and sporting gear in the probate inventory? – North Carolina Short Answer Yes. In North Carolina, boats, firearms, and sporting gear are tangible personal property and must be included in the probate inventory if the decedent owned them at death. List and value items as of the date…
How can I open probate for my grandparent’s estate without a will so we can sell the house? – North Carolina Short Answer In North Carolina, an heir can apply with the Clerk of Superior Court to be appointed as the administrator of an intestate estate and receive Letters of Administration. After appointment, the administrator…
How do we pay off my grandparent’s remaining loan and back taxes before distributing sale proceeds? – North Carolina Short Answer In North Carolina, you must open an estate and have a court‑appointed personal representative handle debts before distributing any sale proceeds. The representative publishes and mails a notice to creditors, then either seeks a…
How can I manage my parent’s share of the sale proceeds while they are in rehab? – North Carolina Short Answer In North Carolina, you cannot control an adult parent’s inheritance unless you have legal authority. If the estate needs to sell the home or close within two years of death, open an estate and…
Can I be appointed as administrator of the estate instead of my uncle? – North Carolina Short Answer Yes. In North Carolina, any qualified heir may apply to serve as the administrator of an intestate estate. You and your uncle are in the same priority class, so the Clerk of Superior Court decides who is…
