How do I find out whether the will was properly signed, witnessed, and accepted as valid by the court? – North Carolina Short Answer In North Carolina, the fastest way to confirm whether a will was properly signed, witnessed, and accepted is to review the estate file maintained by the Clerk of Superior Court in…
How can an estate obtain a satisfaction of claim so the account can be closed or cleared? – North Carolina Short Answer In North Carolina, an estate usually “clears” a creditor claim in one of three ways: (1) the creditor provides a written release/satisfaction after payment or settlement, (2) the personal representative rejects the claim…
How do I find out what type of deed it is and whether the house automatically passed to the person added to the deed? – North Carolina Short Answer In North Carolina, the recorded deed itself usually answers both questions: it shows the deed type (for example, warranty deed or quitclaim deed) and, more importantly,…
What happens if I don’t respond to the surety company letter or don’t pay what they’re asking for? – North Carolina Short Answer In North Carolina, a probate surety company usually sends a letter because it believes the personal representative owes money under the bond paperwork (often reimbursement for bond premiums or for a claim…
Can I personally pay an estate creditor bill to speed up closing the estate, or does it have to be paid through the estate? – North Carolina Short Answer In North Carolina, an estate debt is normally paid by the personal representative from estate funds, and the payment is then shown on the estate’s accounting…
How do I correct a deceased person’s date of death in government benefit records so an appeal can move forward? – North Carolina Short Answer In North Carolina, the cleanest way to fix a wrong date of death in Medicare-related benefit records is usually to correct the underlying death record first (the death certificate), then…
What happens if I think someone pressured an older adult to change a will or other documents? – North Carolina Short Answer In North Carolina, suspected pressure on an older adult can lead to different legal paths depending on what document changed and whether the person is still living. If the person has died and…
What happens if the person who would normally handle the estate has also passed away? – North Carolina Short Answer In North Carolina, if the person who would normally handle an estate (often the named executor) has also died, the estate does not stop. The Clerk of Superior Court can appoint someone else to serve…
What happens to the money from a home sale if my spouse died before transferring it to me? – North Carolina Short Answer In North Carolina, if the home-sale proceeds were sitting in a bank account titled only in the deceased spouse’s name, the money is usually treated as a probate asset of the deceased…
How do I collect a court judgment if the person who owes me money dies right after the judgment is entered? – North Carolina Short Answer In North Carolina, a money judgment does not disappear when the debtor dies, but collection usually shifts into the probate process. The practical next step is to file a…
