Do I need an affidavit of publication for the notice to creditors before the court will accept a final accounting? – North Carolina Short Answer Often, yes. In many North Carolina estates, the Clerk of Superior Court expects the estate file to include proof that the Notice to Creditors was properly published, and the most…
Can we include money we recover later (like a missing check or unclaimed property) without reopening the estate? – North Carolina Short Answer Sometimes, but not always. In North Carolina, if no personal representative (executor/administrator) was ever appointed, there may be no one with legal authority to endorse, collect, or sue for “later-discovered” estate money…
Can someone who is not named as executor still take me to court to try to become executor? – North Carolina Short Answer Yes. In North Carolina, an “interested person” (often an heir or beneficiary) can file court papers that challenge the will or challenge whether the named executor should serve. Probate and executor appointments…
How do I prove an asset is titled in my name so it is not treated as part of the estate? – North Carolina Short Answer In North Carolina estate administration, the cleanest way to show an asset is not part of the probate estate is to produce the document that controls title for that…
How can I close an estate when there’s an ongoing dispute about gifts made shortly before the death? – North Carolina Short Answer In North Carolina, an estate usually cannot be cleanly closed until the personal representative can file a final account that accurately lists what the estate owns, what was paid, and what is…
What can I do if the executor and the executor’s attorney were paid but the other beneficiaries received nothing? – North Carolina Short Answer In North Carolina, beneficiaries can ask the Clerk of Superior Court (the probate court) to require the executor (personal representative) to file a complete accounting and explain distributions, and to enter…
How do I find out if I’m named in a deceased relative’s will if I was never notified? – North Carolina Short Answer In North Carolina, the most reliable way to find out whether a deceased relative had a will (and whether probate was opened) is to check the estate records at the Clerk of…
Can estate money be used to pay for cleaning, junk removal, or pest treatment so the house can be sold, and what approvals are needed? – North Carolina Short Answer Yes. In North Carolina, a personal representative (executor or administrator) can usually use estate funds to pay reasonable costs to preserve and prepare estate property…
Do I have to open probate if the only asset is a bank account? – North Carolina Short Answer Not always. In North Carolina, whether probate is required usually depends on how the bank account is titled (for example, joint with right of survivorship or payable-on-death) and the account’s value. If the account was solely…
How do I open an estate in North Carolina if my relative died and I live out of state? – North Carolina Short Answer In North Carolina, an estate is opened by qualifying a personal representative (an executor if there is a will, or an administrator if there is no will) with the Clerk of…
