What steps are required to administer my father’s estate when I live out of state? – North Carolina Short Answer In North Carolina, an estate is administered through the Clerk of Superior Court in the county where the decedent was domiciled (or, in some situations, where property is located). Living out of state does not…
Are small medical bills and a student loan still owed after my parent’s death, in what order are debts paid, and can I be reimbursed for cremation costs I covered? – North Carolina Short Answer In North Carolina, a parent’s debts (including medical bills and most student loans) do not automatically become an adult child’s…
What are the deadlines and penalties for filing an estate tax return years after a death? – North Carolina Short Answer In North Carolina, the deadline for a federal estate tax return (IRS Form 706), when required, is generally nine months after the date of death, with an available filing extension that is commonly six…
How can I sell a home with a reverse mortgage before finishing full probate? – North Carolina Short Answer In North Carolina, a home with a reverse mortgage can often be sold during the estate administration instead of waiting for the final accounting to be approved. The key is getting the right authority to convey…
How can I open probate and obtain an EIN as executor of my parent’s estate? – North Carolina Short Answer In North Carolina, probate is opened by filing the will (if there is one) and an application to qualify as executor with the Clerk of Superior Court in the county where the decedent lived. Once…
How do I obtain fair market valuations and titles for vehicles in a year’s allowance claim? – North Carolina Short Answer In North Carolina, vehicle values used in a year’s allowance request should be supported with a reasonable fair market value (FMV) source (such as a widely used pricing guide printout, a dealer written estimate,…
What happens if the courthouse refuses to appoint our chosen administrator during estate sale proceedings? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court does not have to appoint the person the family prefers as estate administrator. The Clerk must follow the statutory priority list, confirm required renunciations and notice, and…
Am I allowed to resign as estate administrator and what happens if I do? – North Carolina Short Answer Yes. In North Carolina, an estate administrator (a type of “personal representative”) can ask the Clerk of Superior Court to accept a resignation. The resignation is not automatic: the clerk must hold a hearing, and the…
How does probate work when there is no will? – North Carolina Short Answer In North Carolina, when someone dies without a will, the estate is handled through an “intestate” probate case in front of the Clerk of Superior Court in the proper county. The Clerk appoints an administrator (also called a personal representative), who…
Can I use a receipt and refund agreement to document a distribution so it can be returned if needed? – North Carolina Short Answer Yes. In North Carolina estate administration, a personal representative can document a distribution with a signed receipt, release, and refunding agreement so the beneficiary acknowledges what was received, releases the personal…
