Do wrongful death settlement funds have to pass through the estate, and how are minors’ distributions safeguarded and approved?

Probate Q&A Series

Do wrongful death settlement funds have to pass through the estate, and how are minors’ distributions safeguarded and approved? – North Carolina Short Answer In North Carolina, wrongful death settlement proceeds are generally not estate assets, even though the personal representative (estate administrator) usually must receive and distribute them. The personal representative must keep those…

How do I determine if the decedent owed income taxes and pay those from the estate? NC

Probate Q&A Series

How do I determine if the decedent owed income taxes and pay those from the estate? – North Carolina Short Answer In North Carolina, a personal representative usually determines income tax issues by gathering the decedent’s prior tax records and year-of-death income documents, then confirming whether a final individual return and any estate fiduciary returns…

Can the administrator sell the co-owned house without my consent, and how do I ensure a neutral realtor and an arms-length sale?

Probate Q&A Series

Can the administrator sell the co-owned house without my consent, and how do I ensure a neutral realtor and an arms-length sale? – North Carolina Short Answer In North Carolina, a court-appointed administrator generally cannot sell a co-owner’s share of a house without that co-owner’s consent. The administrator can usually sell only the decedent’s interest,…

Do I need to publish a notice to creditors if we are requesting a year’s allowance in an estate case? NC

Probate Q&A Series

Do I need to publish a notice to creditors if we are requesting a year’s allowance in an estate case? – North Carolina Short Answer Usually, yes. In North Carolina, when a personal representative (executor or administrator) is appointed, the personal representative generally must publish a Notice to Creditors after the clerk issues Letters, even…