What steps must I take to file a creditor claim in North Carolina probate to recover court-ordered life insurance benefits? 1. Detailed Answer When a decedent’s life insurance proceeds become part of an estate, anyone entitled under a court order—such as a support order—may need to present a creditor claim to the personal representative to…
Detailed Answer North Carolina law offers a simplified process for estates with limited assets called the small estate affidavit. You may use this procedure instead of a full probate administration if your loved one’s personal property in North Carolina does not exceed $20,000 in total value and if certain other conditions are met. This process…
How to Reopen a Closed Probate Estate in North Carolina and Retain the Same Personal Representative Detailed Answer When a probate estate has been closed, North Carolina law provides a way to reopen the estate if new assets emerge, claims surface, or an error occurred in the original settlement. You must act in the county…
Understanding Letters of Administration in North Carolina When someone dies without a will in North Carolina, the court appoints an administrator to handle the estate. This official appointment comes in the form of letters of administration. These documents give the administrator authority to collect assets, pay debts, and distribute property according to North Carolina law.…
When Am I Eligible to Use North Carolina’s Small Estate Affidavit to Close a Decedent’s Bank Account? 1. Detailed Answer In North Carolina, families often face the task of winding up a loved one’s financial affairs after death. If the decedent’s total estate (excluding certain allowances) does not exceed $20,000, you may qualify to use…
How to Open a Small Estate in North Carolina When a Decedent Died Intestate with Under $20,000 in Assets When someone dies without a will and leaves limited personal property, North Carolina law offers a streamlined process to collect assets. If the decedent’s personal property within the state, minus funeral expenses and exempt property, totals…
How Owning North Carolina Real Estate as Tenants by the Entirety Avoids Probate and Simplifies Title Transfer Detailed Answer North Carolina law allows a married couple to hold real estate as tenants by the entirety. Under G.S. § 39-13, this form of ownership carries a built-in right of survivorship. When one spouse dies, the surviving…
Do Out-of-State Guardians in North Carolina Need to Appoint a Resident Process Agent? Detailed Answer Under North Carolina law, any guardian appointed to manage the personal or financial affairs of a protected person must comply with local rules even if the guardian lives outside the State. The Uniform Guardianship and Conservatorship Act treats a guardian…
How do I pay for lawn mowing and property maintenance from an estate account in North Carolina? 1. Detailed Answer When you serve as a personal representative (administrator or executor) of a North Carolina estate, you hold a fiduciary duty to manage and protect estate assets. Keeping real property in good condition often requires routine…
How do I reopen a closed North Carolina probate estate to recover newly discovered assets or correct fiduciary errors? Detailed Answer Under North Carolina law, you can petition to reopen a probate estate after it has been closed when you discover new assets or need to correct mistakes made by a fiduciary. The governing statute…
