Category Archives: Probate Q&A Series

How can I remove or replace an executor who may be acting against the beneficiaries’ interests, and can the executor be held personally responsible for missing funds? – nc

How can I remove or replace an executor who may be acting against the beneficiaries’ interests, and can the executor be held personally responsible for missing funds? – North Carolina Short Answer In North Carolina, an executor (also called a “personal representative”) can be removed or replaced through the Clerk of Superior Court overseeing the…

How will I receive the probate letters once they are issued, and how long does it usually take after the revision is filed? nc

How will I receive the probate letters once they are issued, and how long does it usually take after the revision is filed? – North Carolina Short Answer In North Carolina, probate “letters” (letters testamentary or letters of administration) are issued by the Clerk of Superior Court after the personal representative qualifies. How they are…

If my parents filed jointly and one parent died, how are any missing tax returns handled now? NC

If my parents filed jointly and one parent died, how are any missing tax returns handled now? – North Carolina Short Answer In North Carolina, any missing income tax returns from before a parent’s death are typically handled by the surviving spouse (for joint years) and/or the estate’s personal representative (for the decedent’s required filings).…

How can I close a deceased person’s brokerage account if they demand my net worth and I won’t open an account with them? nc

How can I close a deceased person’s brokerage account if they demand my net worth and I won’t open an account with them? – North Carolina Short Answer In North Carolina, a brokerage generally should not need a beneficiary’s personal net worth to transfer or close a deceased person’s account. The brokerage typically can close…

If I can’t provide clear title because the property is tied to a deceased owner’s estate, does the purchase contract become void or can the buyer try to force the sale? – nc

If I can’t provide clear title because the property is tied to a deceased owner’s estate, does the purchase contract become void or can the buyer try to force the sale? – North Carolina Short Answer In North Carolina, a buyer may try to enforce a signed real estate purchase contract even if the seller…

How can I find out what has been filed in the estate case and what my rights are as a parent and interested person? – nc

How can I find out what has been filed in the estate case and what my rights are as a parent and interested person? – North Carolina Short Answer In North Carolina, most estate administration filings are kept in the estate file maintained by the Clerk of Superior Court (Estates Division) in the county where…

How do I stop a relative from taking or spending estate assets before probate is opened? nc

How do I stop a relative from taking or spending estate assets before probate is opened? – North Carolina Short Answer In North Carolina, the fastest way to stop a relative from taking or spending estate assets is usually to open the estate promptly with the Clerk of Superior Court so a personal representative (executor/administrator)…

How do I start probate when my parent left a will and owned a home only in their name? nc

How do I start probate when my parent left a will and owned a home only in their name? – North Carolina Short Answer In North Carolina, probate usually starts by taking the original will and a certified death certificate to the Clerk of Superior Court in the county where the parent was domiciled at…

If the only named beneficiary on a life insurance policy died before the insured, who is supposed to receive the payout? nc

If the only named beneficiary on a life insurance policy died before the insured, who is supposed to receive the payout? – North Carolina Short Answer In North Carolina, if the only named beneficiary died before the insured and there is no living contingent (backup) beneficiary, the policy usually pays the proceeds to the insured’s…

What documents do I need to sign to receive letters of administration? NC

What documents do I need to sign to receive letters of administration? – North Carolina Short Answer In North Carolina, the document that must be signed to complete the appointment process and allow the Clerk of Superior Court to issue letters of administration is the administrator’s oath. Depending on the estate and the administrator’s residency,…