What assets must go through probate if there are joint bank accounts and a family LLC? – North Carolina Short Answer In North Carolina, assets titled solely in the decedent’s name generally go through probate. Joint bank accounts with a right of survivorship or payable-on-death (POD) designations usually pass outside probate, though they can be…
How can I find out if my parent had life insurance or retirement accounts after death? – North Carolina Short Answer In North Carolina, start by separating nonprobate assets (like life insurance and retirement accounts with named beneficiaries) from probate assets. As co-personal representatives, you can request information from insurers, employers, and financial institutions using…
What affidavit or form can beneficiaries use to assign their interest in an inherited car for DMV purposes? – North Carolina Short Answer In North Carolina, beneficiaries can use one of two paths to assign an inherited vehicle interest: (1) an Affidavit of Authority to Assign Title (DMV Form MVR-317) under G.S. 20-77(b), signed by…
How do I challenge or resolve debts that are triggering the auction of the property? – North Carolina Short Answer In North Carolina, the first step is to open an estate and have a personal representative appointed so someone has legal authority to act. That representative can publish notice to creditors, evaluate and dispute claims,…
How can I stop the state from auctioning my deceased father’s property? – North Carolina Short Answer In North Carolina, the fastest way to stop or redirect a government-driven auction is to open your father’s estate and get appointed as the personal representative. With authority, you can redeem delinquent taxes or negotiate state claims, ask…
Can I recover money or split assets now that the executor died before closing the estate? – North Carolina Short Answer In North Carolina, beneficiaries do not divide estate assets on their own. If the executor died or the case was closed with work left to do, the Clerk of Superior Court can appoint a…
Who should I contact to update my address and ensure I receive estate notices? – North Carolina Short Answer In North Carolina, contact the Clerk of Superior Court (Estates Division) in the county where the estate was filed and submit a written address update that references the estate file number. Ask the clerk to place…
What does it mean that the probate case is marked “disposed” and are there any funds left? – North Carolina Short Answer In North Carolina, “disposed” on a probate docket usually means the Clerk of Superior Court approved the final account and entered an order closing the estate and discharging the personal representative. That status…
How do I meet out-of-state requirements to act as an estate administrator under North Carolina law? – North Carolina Short Answer In North Carolina, a nonresident can serve as an estate administrator if they are otherwise qualified, appoint a North Carolina resident process agent, post any required bond, and take the oath. The Clerk of…
How can I prepare for a virtual probate hearing via WebEx to secure my appointment as administrator? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can issue Letters of Administration at a WebEx hearing if you are qualified, have priority or renunciations from those with higher or equal priority, have…
