Category Archives: Probate Q&A Series

Do vehicle insurance and maintenance costs for estate vehicles get reimbursed the same way as house-related expenses, or are they handled differently? NC

Do vehicle insurance and maintenance costs for estate vehicles get reimbursed the same way as house-related expenses, or are they handled differently? – NC Short Answer Usually not in exactly the same way. Under North Carolina law, a trustee or estate fiduciary can generally seek reimbursement for expenses properly paid to preserve or administer estate…

What is the difference between a certified copy and an exemplified copy for probate documents? NC

What is the difference between a certified copy and an exemplified copy for probate documents? – NC Short Answer In North Carolina probate practice, a certified copy is a copy from the clerk of superior court that carries the clerk’s certification that it is a true and correct copy of the court record. An exemplified…

How do I handle an estate when the bank accounts are in one state but the real property is in another state? – NC

How do I handle an estate when the bank accounts are in one state but the real property is in another state? – NC Short Answer In North Carolina, an estate with assets in more than one state is often handled through a main probate case in the decedent’s home state and a separate ancillary…

Do I need to open a separate probate case for the first person who died if their estate was never probated because the other spouse was still alive? – NC

Do I need to open a separate probate case for the first person who died if their estate was never probated because the other spouse was still alive? – NC Short Answer Usually, yes. In North Carolina, if the first spouse died owning assets that still need to be collected, transferred, or cleared for title,…

What happens if the estate says there are no debts, but I’m not sure whether the required notice to creditors was properly done? – NC

What happens if the estate says there are no debts, but I’m not sure whether the required notice to creditors was properly done? – NC Short Answer In North Carolina, an estate should not rely on “no debts” alone if the required notice to creditors may not have been properly completed. The personal representative usually…

Who is responsible for serving a signed continuance order on all parties in an estate case? – NC

Who is responsible for serving a signed continuance order on all parties in an estate case? – NC Short Answer In North Carolina estate proceedings, the safest practice is to make sure all parties receive notice of the continued hearing, but the person who actually mails or serves the signed continuance order can depend on…

How can we confirm the court has entered the signed order and updated the hearing date in the case system? – NC

How can we confirm the court has entered the signed order and updated the hearing date in the case system? – NC Short Answer In North Carolina estate matters, the most reliable confirmation is the court file itself: the signed order must be file-stamped or otherwise entered by the clerk, and the updated hearing date…

What happens if the signed continuance order or notice of hearing is not mailed to a party on time? – NC

What happens if the signed continuance order or notice of hearing is not mailed to a party on time? – NC Short Answer In North Carolina, if a signed continuance order or notice of hearing is not mailed to a party on time, the hearing may need to be delayed again if the late notice…

How do we close a deceased person’s bank account and split the remaining money between heirs during probate? – NC

How do we close a deceased person’s bank account and split the remaining money between heirs during probate? – NC Short Answer In North Carolina, a personal representative usually closes an estate bank account only after the estate has collected funds, paid approved expenses and claims, resolved any government reimbursement issues, and prepared a final…

What does the court need to see in the final probate accounting for a bank account that paid expenses and was then distributed? – NC

What does the court need to see in the final probate accounting for a bank account that paid expenses and was then distributed? – NC Short Answer In North Carolina, the clerk usually needs a final probate accounting that clearly tracks the estate account from start to finish: the opening balance, every deposit, every expense…