What happens if an heir contests my reimbursement requests at the hearing? – North Carolina Short Answer In North Carolina, if an heir contests a personal representative’s reimbursement request at a clerk’s hearing, the clerk of superior court will usually require proof that the expense was real, necessary, and properly tied to estate administration. The…
If the document is notarized abroad, how do I get an apostille and will a bank accept it for estate matters? – North Carolina Short Answer An apostille is a government-issued certificate that helps a document notarized in one country be recognized in another country. For North Carolina estate matters with a bank, an apostille…
What documents will the lender need after probate to recognize us as owners and accept payments from us? – North Carolina Short Answer In North Carolina, a mortgage lender usually wants (1) proof of death, (2) proof of who has legal authority to act for the estate during probate, and (3) recorded proof of who…
Does a 401(k) with named beneficiaries go through probate, or does it pass directly to the beneficiaries? – North Carolina Short Answer In North Carolina, a 401(k) that has valid, living beneficiaries named on the plan’s beneficiary designation usually does not go through probate. Instead, the plan administrator typically pays it directly to the named…
What is the safest way to submit the original will from out of state, and what if the original is lost? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (the probate court) typically needs the original will to probate it and issue letters to the executor. The safest approach from…
When a public‑employee retirement plan is payable to the estate, how is it collected and used for debts or distributions? – North Carolina Short Answer In North Carolina, if a public‑employee retirement plan (or a related death benefit) is payable to the decedent’s “legal representative” or “estate,” the personal representative collects it as a probate…
How can I be appointed executor if my sibling refuses to cooperate and won’t sign a waiver? – North Carolina Short Answer In North Carolina, a sibling’s refusal to sign a waiver usually does not block an executor (or other personal representative) from being appointed. The Clerk of Superior Court can still issue Letters if…
What happens if there isn’t a will, and who has authority to act? – North Carolina Short Answer In North Carolina, if someone dies without a will, the estate is “intestate,” and state law decides who inherits. No family member automatically has legal authority to access accounts, sell property, or sign for the estate until…
What does the court usually require in a personal representative’s accounting, and how should I prepare the records to meet those requirements? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court usually expects a personal representative’s accounting (annual or final) to read like a clean checkbook: beginning assets on hand, money…
How can I reinstate the mortgage on a home that is part of an estate and keep making monthly payments while probate is pending? – North Carolina Short Answer In North Carolina, the practical way to reinstate an estate property’s mortgage while probate is pending is to (1) open the estate and get a personal…
