Can I compel witnesses to provide affidavits or testimony to validate a contested will? – North Carolina Short Answer Yes. In North Carolina, once there is an active probate matter or will contest, you can use subpoenas to require subscribing witnesses, the notary, and others to testify or produce documents. You generally cannot force someone…
What happens if a judge refuses to admit a will to probate because the witnesses are questionable? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can refuse to admit an attested will if the proof of due execution is lacking or the witnesses are not credible. When that happens, the…
How will assets be distributed if the contested will is declared invalid and I’m the sole heir? – North Carolina Short Answer In North Carolina, if a will is set aside in a caveat (will contest), the estate is administered as if there were no will. Property then passes under the Intestate Succession Act to…
How can I challenge a will if I suspect it was executed under undue influence and improper witnessing? – North Carolina Short Answer In North Carolina, you challenge a will by filing a “caveat” with the Clerk of Superior Court. You generally must file within three years after the will is probated in common form,…
What steps must a personal representative take to resolve inventory errors? – North Carolina Short Answer In North Carolina, fix inventory mistakes by filing a verified supplemental inventory with the Clerk of Superior Court as soon as you discover the issue. Use it to add omitted assets, correct descriptions or date‑of‑death values, and remove items…
How can I correct mistakes in the estate inventory after filing? – North Carolina Short Answer In North Carolina, you correct a filed inventory by submitting a supplemental inventory under oath to the Clerk of Superior Court. You use it to add omitted assets, fix descriptions, or correct valuations. Nonprobate assets (like life insurance payable…
Can a beneficiary force an insurer to pay policy benefits if the estate administration is delayed? – North Carolina Short Answer Yes—if a life insurance policy names a beneficiary, North Carolina law generally requires the insurer to pay that beneficiary once it receives proper proof of death and a completed claim, regardless of the estate’s…
How do I coordinate fixing estate records and securing insurance proceeds for the beneficiary? – North Carolina Short Answer In North Carolina, life insurance payable to a named beneficiary is a nonprobate asset and should not be listed as an estate asset on the inventory. To fix errors, the personal representative files a supplemental inventory…
Can I serve as trustee from out of state or do I need a registered agent in the property’s jurisdiction? – North Carolina Short Answer In North Carolina, you may serve from out of state as a trust fiduciary or as a custodian under the Uniform Transfers to Minors Act (UTMA). No “registered agent” is…
Is a guardianship required or is a minors act probate filing enough to sell the house? – North Carolina Short Answer In North Carolina, a minors act filing (UTMA) by itself is not enough to sell a house owned in part by a minor. To convey a minor’s real estate interest, the court must authorize…
