What proof will a clerk accept to establish my marriage for a spousal year’s allowance when the death certificate is inaccurate? – North Carolina Short Answer In North Carolina, the clerk of superior court must be satisfied that a valid marriage existed before assigning a spousal year’s allowance. If the death certificate wrongly lists “divorced,”…
How are due diligence funds typically divided among heirs when an estate property is under contract? – North Carolina Short Answer In North Carolina, due diligence money paid by a buyer for an estate-owned property is usually treated like an advance portion of the sale proceeds and belongs to the owners of the real estate…
How long does court approval of a probate final accounting usually take when there’s a backlog? – North Carolina Short Answer Under North Carolina law, there is no fixed number of days for the clerk of superior court to approve a probate final account, even when there is a backlog. Once a complete, well-documented final…
If a bank is about to release POD funds to me, what documents or records should I keep to protect myself against later challenges? – North Carolina Short Answer Under North Carolina law, payable-on-death (POD) funds belong to the named beneficiaries when the account owner dies, but those funds can still be reached later if…
What steps are involved if I decide to keep the house during probate, especially if the estate has debts? – North Carolina Short Answer In North Carolina, deciding to keep a house that is part of a probate estate starts with qualifying a personal representative, identifying all debts, and confirming whether the estate can pay…
What documents should I provide to a debt collector to justify a lower settlement offer, and is sharing the estate inventory appropriate? – North Carolina Short Answer In North Carolina probate, a personal representative may share limited, targeted financial information with an unsecured creditor to support a lower settlement offer, but should do so carefully.…
What evidence should I gather to prove the deceased was still married and lived at a different address? – North Carolina Short Answer Under North Carolina probate practice, incorrect marital status or address on a death certificate can usually be overcome by gathering independent proof of the true facts. Useful evidence often includes the marriage…
Can the estate hold back funds for an accountant to prepare estate tax returns while still closing the estate account for the court’s final accounting? – North Carolina Short Answer Under North Carolina law, a personal representative may reserve estate funds for taxes and professional fees, but the estate generally cannot be closed with a…
What documents and steps are required to be appointed administrator and to record the deed into my name? – North Carolina Short Answer In North Carolina, appointment as an administrator generally requires filing an application for letters of administration, a death certificate, a preliminary inventory, and any required bond with the clerk of superior court…
What happens if the original informant disputes the corrections or the court pushes back? – North Carolina Short Answer Under North Carolina law, corrections to a death certificate go through the State Registrar of Vital Records, not the probate court, and they are based on documents and sworn proof, not on who the original informant…
