Category Archives: Probate Q&A Series

Is it better to send all beneficiary paperwork and checks at the same time, or to process each beneficiary separately as their documents arrive? nc

Is it better to send all beneficiary paperwork and checks at the same time, or to process each beneficiary separately as their documents arrive? – North Carolina Short Answer In North Carolina estate administration, it is usually safer to process each beneficiary separately as signed documents arrive, rather than waiting for everyone and mailing all…

What documents and account details should I gather now to make the estate inventory complete, and what is the standard inventory deadline after probate opens? nc

What documents and account details should I gather now to make the estate inventory complete, and what is the standard inventory deadline after probate opens? – North Carolina Short Answer In North Carolina, the personal representative (executor/administrator) should gather documents that prove what the decedent owned, how it was titled, and the date-of-death value. Practically,…

What happens if the original dealership or finance company is out of business and I don’t know who currently holds the lien? nc

What happens if the original dealership or finance company is out of business and I don’t know who currently holds the lien? – North Carolina Short Answer In North Carolina, a lien on a vehicle title does not disappear just because the original dealership or finance company closed. The lien may have been sold or…

What happens if I return the estate inventory late? nc

What happens if I return the estate inventory late? – North Carolina Short Answer In North Carolina, filing the estate inventory late can trigger the Clerk of Superior Court to issue an order requiring the personal representative to file by a set deadline (often at least 20 days) or appear and explain the delay. If…

How do I find out whether my deceased parent filed tax returns in recent years? nc

How do I find out whether my deceased parent filed tax returns in recent years? – North Carolina Short Answer In North Carolina, the most reliable way to confirm whether a deceased parent filed recent federal tax returns is to request IRS transcripts (and, if needed, copies of returns) for the years in question. A…

What should I do if a relative closed the decedent’s bank accounts before I could manage the estate? nc

What should I do if a relative closed the decedent’s bank accounts before I could manage the estate? – North Carolina Short Answer In North Carolina, once letters have been issued, the executor (personal representative) is the person with legal authority to collect and manage estate assets. If a relative closed the decedent’s bank accounts,…

How can I open probate for both parents so I can clear title to the house and land before the upcoming auction? nc

How can I open probate for both parents so I can clear title to the house and land before the upcoming auction? – North Carolina Short Answer In North Carolina, probate (estate administration) is opened through the Clerk of Superior Court in the county where each parent lived at death. If there is a will,…

How can I legally treat the estate’s vehicle as a distribution to a co‑heir so I can finish the final accounting and close the estate? nc

How can I legally treat the estate’s vehicle as a distribution to a co‑heir so I can finish the final accounting and close the estate? – North Carolina Short Answer In North Carolina, a personal representative can usually distribute an estate vehicle “in kind” to a co-heir (instead of selling it) and then show that…

What happens if a will leaves property to relatives who died before the person who made the will? nc

What happens if a will leaves property to relatives who died before the person who made the will? – North Carolina Short Answer In North Carolina, a gift in a will to a relative who died before the person who made the will usually does not automatically fail. If the deceased beneficiary was a grandparent…

If my spouse died after an expected inheritance came up in a relative’s estate, who gets my spouse’s share—me or my spouse’s adult children? nc

If my spouse died after an expected inheritance came up in a relative’s estate, who gets my spouse’s share—me or my spouse’s adult children? – North Carolina Short Answer In North Carolina, the inheritance that was headed to a deceased spouse usually becomes part of that spouse’s own estate, and then it passes under that…