Can the estate make a joint account co-owner return money to cover creditor claims, or is that their property now? – North Carolina Short Answer Under North Carolina law, a surviving joint account co-owner generally owns the account at death, but that ownership is not absolute. If the estate does not have enough probate assets…
How does a joint bank account with rights of survivorship affect what is part of the estate when there are unpaid debts? – North Carolina Short Answer In North Carolina, money in a true joint bank account with rights of survivorship usually passes directly to the surviving co-owner and is not a normal probate asset.…
Do we need to record a death certificate or an affidavit before closing so the deed can be conveyed without issues? – North Carolina Short Answer Under North Carolina law, when spouses hold title to real estate as tenants by the entirety and one spouse dies, full ownership passes automatically to the surviving spouse by…
How can we claim funds from a bank account that was only in the decedent’s name using a year’s allowance? – North Carolina Short Answer In North Carolina, a surviving spouse (and qualifying minor children) can claim funds held in a bank account titled only in the decedent’s name by filing a petition for a…
What happens after the personal representative submits the final accounting to the court? – North Carolina Short Answer In North Carolina, after the personal representative files the final accounting with the clerk of superior court, the clerk reviews it, may request more information, and then either approves or rejects it. If approved, the clerk records…
How should I respond if a buyer or dealership asks for a power of attorney after the owner has died? – North Carolina Short Answer In North Carolina, a buyer or dealership should not receive, and cannot use, a power of attorney from someone who has already died. Any power of attorney signed by the…
Can the estate pay for repairs like new batteries or towing before selling the vehicles? – North Carolina Short Answer Under North Carolina law, a duly appointed personal representative may generally use estate funds to pay reasonable costs needed to preserve and sell estate vehicles, such as towing, basic repairs, or new batteries. Those costs…
Do I need to file a final personal tax return for a deceased parent if they haven’t filed in recent years, and who signs it? – North Carolina Short Answer Under North Carolina law, the personal representative (executor or administrator) is generally responsible for filing a deceased person’s final individual income tax return if that…
How do I get back an original will I left with the clerk without a receipt, and is a death certificate enough? – North Carolina Short Answer In North Carolina, an original will that a living person deposited with the clerk of superior court can be withdrawn only by the testator (the person who made…
What steps remain after the annual account is approved to file the final account and release final distributions? – North Carolina Short Answer Under North Carolina probate law, once the clerk approves the last annual account, the personal representative prepares and files a verified Final Account showing that all debts, expenses, and taxes have been…
