Category Archives: Probate Q&A Series

What is the process for a family settlement agreement to transfer the house to one heir and satisfy outstanding claims?: Clear steps under North Carolina probate law

What is the process for a family settlement agreement to transfer the house to one heir and satisfy outstanding claims? – North Carolina Short Answer In North Carolina, you can use a written family settlement agreement, signed by all interested heirs or devisees and the personal representative, to allocate estate assets (including giving a house…

Do beneficiary designations override provisions in a divorce decree or will?: Answered for North Carolina

Do beneficiary designations override provisions in a divorce decree or will? – North Carolina Short Answer Yes. In North Carolina, the beneficiary designation on a nonprobate asset (like an IRA or life insurance) generally controls who gets the funds at death, regardless of the will. An absolute divorce automatically cancels gifts to the former spouse…

What steps do I need to transfer property from the decedent’s estate to a surviving spouse under a will?

What steps do I need to transfer property from the decedent’s estate to a surviving spouse under a will? – North Carolina Short Answer In North Carolina, you do not need a new deed to transfer devised real estate to a surviving spouse. Title passes when the will is admitted to probate in the North…

How do I find out the sale proceeds of estate assets and confirm my entitlement?

How do I find out the sale proceeds of estate assets and confirm my entitlement? – North Carolina Short Answer In North Carolina, the executor must file an inventory and periodic accountings with the Clerk of Superior Court that show assets, sales, receipts, and distributions. You can inspect the public estate file at the clerk’s…

Can I petition the court to remove or replace an unresponsive executor?: North Carolina options and process

Can I petition the court to remove or replace an unresponsive executor? – North Carolina Short Answer Yes. In North Carolina, any interested person (including a beneficiary) may ask the Clerk of Superior Court to revoke an executor’s letters and appoint a successor when the executor is neglecting duties or violating fiduciary obligations. The clerk…

Can creditors or a bankruptcy filing in one state force the sale of estate real property in another state?: North Carolina

Can creditors or a bankruptcy filing in one state force the sale of estate real property in another state? – North Carolina Short Answer Under North Carolina law, creditors in another state cannot directly force the sale of North Carolina real property. If the estate needs cash to pay valid claims, a North Carolina personal…

Do I have to open a separate estate administration for a surviving spouse to transfer property to the next beneficiaries?: Answer under North Carolina law

Do I have to open a separate estate administration for a surviving spouse to transfer property to the next beneficiaries? – North Carolina Short Answer Usually, no. In North Carolina, title to real estate devised by will vests in the named devisee (such as a surviving spouse) and can be transferred by that person’s deed…

Do I need to hire an attorney licensed in the jurisdiction where the estate is probated?: North Carolina

Do I need to hire an attorney licensed in the jurisdiction where the estate is probated? – North Carolina Short Answer If the estate is being handled in a North Carolina county, any lawyer who appears for you in that estate case must be licensed in North Carolina or be admitted pro hac vice with…

How can I record an exemplified probate order from South Carolina to transfer real property in North Carolina?

How can I record an exemplified probate order from South Carolina to transfer real property in North Carolina? – North Carolina Short Answer File a certified or exemplified copy of the South Carolina will and probate order with the Clerk of Superior Court in the North Carolina county where the land is located. The clerk…

What happens if the clerk removes me as administrator and I disagree with her decision?: North Carolina probate appeal steps and deadlines

What happens if the clerk removes me as administrator and I disagree with her decision? – North Carolina Short Answer If the Clerk of Superior Court revokes your letters of administration, your authority ends immediately, you must turn over estate assets, and you must file a final account. You can appeal to a superior court…