Am I allowed to resign as estate administrator and what happens if I do? – North Carolina Short Answer Yes. In North Carolina, an estate administrator (a type of “personal representative”) can ask the Clerk of Superior Court to accept a resignation. The resignation is not automatic: the clerk must hold a hearing, and the…
How does probate work when there is no will? – North Carolina Short Answer In North Carolina, when someone dies without a will, the estate is handled through an “intestate” probate case in front of the Clerk of Superior Court in the proper county. The Clerk appoints an administrator (also called a personal representative), who…
Can I use a receipt and refund agreement to document a distribution so it can be returned if needed? – North Carolina Short Answer Yes. In North Carolina estate administration, a personal representative can document a distribution with a signed receipt, release, and refunding agreement so the beneficiary acknowledges what was received, releases the personal…
What is the process for opening a probate estate when no probate assets remain but I need a court appointment? – North Carolina Short Answer In North Carolina, a Clerk of Superior Court can still appoint a personal representative (administrator) even when most assets passed outside probate, but the court usually expects a clear reason…
What happens after I file a response to a notice about a year’s allowance, and how will I be notified of the decision? – North Carolina Short Answer In North Carolina, a year’s allowance is decided through the Clerk of Superior Court as part of the estate process. After a response is filed, the clerk…
Can creditors force sale of my mom’s inherited property to satisfy my stepfather’s debts? – North Carolina Short Answer In North Carolina, creditors generally cannot force the sale of property that belongs to the surviving spouse or another person just because the decedent had debts. Most decedent debts get paid from the probate estate under…
What’s the process to petition the court to appoint me as administrator when no probate was opened after 18 months? – North Carolina Short Answer In North Carolina, a person who has priority to serve (often the surviving spouse, then heirs) can ask the Clerk of Superior Court in the proper county to open an…
What steps can I take to find a missing 401(k) for an estate? – North Carolina Short Answer In North Carolina, a personal representative (executor) should do a structured search for a missing 401(k) by gathering the decedent’s records, contacting current and former employers and likely plan administrators, and checking for unclaimed property. If reasonable…
Can I require the financial institution to document transfers between the decedent’s personal account and the estate account? – North Carolina Short Answer In North Carolina, a personal representative (executor) can and should request complete account statements and transfer details needed to collect, value, and administer estate assets. Financial institutions and brokerages often will provide…
How do I reopen or contest a closed probate when an estate lien was overlooked? – North Carolina Short Answer In North Carolina, a closed estate can often be reopened by filing a petition with the Clerk of Superior Court when property was missed, a necessary act was left undone, or there is other proper…
