Category Archives: Probate Q&A Series

What happens if I decline or disclaim a beneficiary payout—does it pass to the estate or contingent beneficiaries, and how could that affect Medicaid eligibility? NC

What happens if I decline or disclaim a beneficiary payout—does it pass to the estate or contingent beneficiaries, and how could that affect Medicaid eligibility? – North Carolina Short Answer In North Carolina, a valid written renunciation (also called a disclaimer) generally makes it as if the beneficiary had predeceased for purposes of who takes…

How long must a notice to creditors be published before I can move forward with closing the estate? NC

How long must a notice to creditors be published before I can move forward with closing the estate? – North Carolina Short Answer In North Carolina, the notice to creditors is typically published once a week for four consecutive weeks, and the notice must set a claim deadline that is at least three months from…

Is there a simple way to retitle the home and lots so a stepparent’s child gets the home while the rest of us disclaim, and how long does that usually take? NC

Is there a simple way to retitle the home and lots so a stepparent’s child gets the home while the rest of us disclaim, and how long does that usually take? – North Carolina Short Answer In North Carolina, there can be a relatively straightforward path to retitle inherited real estate when all heirs agree:…

How can I make sure I’m recognized as an heir in the probate case if the person handling the estate didn’t list me or my cousin? NC

How can I make sure I’m recognized as an heir in the probate case if the person handling the estate didn’t list me or my cousin? – North Carolina Short Answer In North Carolina, an omitted heir is typically recognized by getting the estate file corrected and, if needed, asking the Clerk of Superior Court…

How can we open probate when we don’t know whether there is a will or where to find it? NC

How can we open probate when we don’t know whether there is a will or where to find it? – North Carolina Short Answer In North Carolina, probate starts with the Clerk of Superior Court in the county where the person lived at death. If no one can find an original will, the usual first…

Do all heirs have to agree to the sale, and what happens if someone objects? – NC

Do all heirs have to agree to the sale, and what happens if someone objects? – North Carolina Short Answer No. In North Carolina, heirs do not all have to agree for estate property to be sold when the personal representative has authority to sell it as part of the estate administration. If an heir…

Can the estate require a financial institution to release information if it refuses to provide records without additional documentation? NC

Can the estate require a financial institution to release information if it refuses to provide records without additional documentation? – North Carolina Short Answer Yes—under North Carolina law, the estate’s personal representative can usually obtain a decedent’s account information by presenting certified Letters Testamentary or Letters of Administration, along with other standard documents the institution…

How do I challenge a relative’s request to be reimbursed for repairs and utilities I believe were unnecessary or mishandled? NC

How do I challenge a relative’s request to be reimbursed for repairs and utilities I believe were unnecessary or mishandled? – North Carolina Short Answer In North Carolina, the cleanest way to challenge a relative’s reimbursement request for repairs or utilities tied to an estate is to force the charge to be documented in the…

How do we handle paper U.S. savings bonds in an estate when they list only the deceased as owner and no beneficiaries? NC

How do we handle paper U.S. savings bonds in an estate when they list only the deceased as owner and no beneficiaries? – North Carolina Short Answer In North Carolina, paper U.S. savings bonds titled only in the decedent’s name (no co-owner and no payable-on-death beneficiary) usually become probate estate assets. The executor (personal representative)…

What steps do I take to collect my parent’s bank accounts and personal property once the year’s allowance is approved and the estate is under the small‑estate threshold? NC

What steps do I take to collect my parent’s bank accounts and personal property once the year’s allowance is approved and the estate is under the small‑estate threshold? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court has entered an order assigning the year’s allowance, the usual next step is…