How can we find out what bank accounts, vehicles, and retirement benefits exist and where the money went? – North Carolina Short Answer In North Carolina, the person appointed by the Clerk of Superior Court as the estate’s personal representative (administrator) has the legal duty and authority to identify, collect, and account for probate assets.…
Recent Legal Update Updated: March 2026 North Carolina’s death registration statute, N.C. Gen. Stat. § 130A-115, now expressly requires that death certificates be filed electronically through the State’s electronic death registration system (NCDAVE). The statute also authorizes administrative penalties for willful and knowing failure or refusal by a responsible medical certifier to certify via the…
How does a pending settlement affect when the estate can be closed and distributions can be made? – North Carolina Short Answer In North Carolina, a pending settlement tied to the estate often keeps the estate open because the personal representative must be able to pay valid debts and expenses and accurately report what the…
Do I need to wait until the estate receives money from the sale of real property before filing a petition for fiduciary commission? – North Carolina Short Answer Usually, yes. In North Carolina estate administration, the Clerk of Superior Court typically approves fiduciary commissions based on what the personal representative has actually received and disbursed…
How do I dispute an unsecured credit card claim that was filed against an estate during probate? – North Carolina Short Answer In North Carolina probate, an unsecured credit card claim can often be disputed by first confirming whether the claim was timely and properly presented to the estate, then sending a written dispute and…
How do we transfer or sell a parent’s house when multiple family members may have an interest in it? – North Carolina Short Answer In North Carolina, the right way to transfer or sell a parent’s house depends on who legally owns it now and whether an estate administration is needed. If the home passed…
How do I get appointed as the administrator when my sibling died without a will and there are half-siblings who may also be heirs? – North Carolina Short Answer In North Carolina, an administrator is appointed by the Clerk of Superior Court (Estates) through an application for Letters of Administration. When multiple siblings (including half-siblings)…
What happens to the mortgage and property taxes when a spouse dies and I’m still living in the home? – North Carolina Short Answer In North Carolina, the mortgage and property taxes do not disappear when a spouse dies. The home may pass automatically to the surviving spouse (often through tenancy by the entirety), but…
Do I have to sign an indemnity agreement as the executor or administrator to complete a sale or transfer of estate property? – North Carolina Short Answer Not always. North Carolina law generally requires a personal representative (executor or administrator) to sign the deed and other closing documents needed to transfer estate property, but an…
How do I update the IRS with a new responsible party for an estate EIN? – North Carolina Short Answer In most cases, the IRS can update an estate EIN’s “responsible party” without issuing a new EIN. The usual method is to submit a written update (often using IRS Form 8822-B) showing the estate’s EIN…
