How do I find out who the legal heirs are if relatives I’ve never met are coming forward? – North Carolina Short Answer In North Carolina, “legal heirs” are determined by (1) a valid will, or (2) the intestate succession rules if there is no will. When unfamiliar relatives come forward, the most reliable way…
Who is responsible for keeping the estate bond active and providing proof to the court? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) is responsible for making sure the estate bond stays in force for as long as the Clerk of Superior Court requires it. If the bond is…
Can we sell the deceased person’s house during probate, or do we have to wait until the estate is fully finished? – North Carolina Short Answer In North Carolina, the house can often be sold during probate, and it is not always necessary to wait until the estate is fully finished. The key issue is…
How can I get legal authority to speak with the mortgage company and access loan information after the homeowner dies? – North Carolina Short Answer In North Carolina, the most reliable way to get a mortgage company to discuss the loan and release account information after the homeowner dies is to be appointed by the…
Do unclaimed-property funds for a deceased person have to be deposited into an estate account, or can they go into my personal account? – North Carolina Short Answer In North Carolina, unclaimed-property funds issued in a deceased person’s name are generally estate assets that should be received and deposited by the estate’s personal representative into…
How do I prove certain items are mine or were family belongings and not part of the estate? – North Carolina Short Answer In North Carolina, the key is showing the items were owned by someone other than the decedent at the time of death (for example, they were gifted earlier, inherited by a different…
If the unclaimed-property office sends multiple checks over time, how should those payments be handled in the estate administration? – North Carolina Short Answer In North Carolina, unclaimed-property checks made payable to a decedent are generally treated as estate assets that the personal representative must collect, deposit into the estate account, and report on the…
What happens if the executor is not available—can someone else request the decedent’s account information? – North Carolina Short Answer In North Carolina, most banks and other financial institutions will not release a decedent’s account information to a family member just because that person is an heir. Typically, the institution will require authority from the…
How do I get a duplicate title for a mobile home owned by someone who has died so it can be transferred through the estate? – North Carolina Short Answer In North Carolina, a duplicate title for a titled mobile home (manufactured home) is usually requested through the N.C. Division of Motor Vehicles (NCDMV) by…
How do I deposit an unclaimed-property check that’s made payable to a deceased relative? – North Carolina Short Answer In North Carolina, a check made payable to a deceased person usually cannot be deposited into a personal account. It is typically deposited into an estate account by the court-appointed personal representative (executor or administrator) after…
