Can creditors or debts tied to one property force the sale of an out-of-state inherited property, and when would that be allowed? – North Carolina Short Answer Usually, a North Carolina creditor claim or a debt tied to one property cannot directly force the sale of a different, out-of-state inherited property through a North Carolina…
What happens in probate when one of the heirs is still a minor? – North Carolina Short Answer In North Carolina probate, a minor heir generally cannot receive an inheritance directly. The Clerk of Superior Court will usually require the minor’s share to be protected through a court-supervised option, such as a guardianship of the…
As the administrator, can I receive a commission for my work, and when is that requested and paid during the estate process? – North Carolina Short Answer Yes. In North Carolina, a court-appointed personal representative (often called an “administrator” when there is no will) can usually receive a commission for time and trouble, but the…
If the only heir is a minor, does that automatically mean a bond is required in a wrongful-death-only estate? – North Carolina Short Answer No. In North Carolina, the fact that the only heir is a minor does not automatically mean the personal representative must post a probate bond just to be appointed for a…
If there’s still a loan on my spouse’s vehicle, what happens to the debt and can I sell the vehicle to stop making payments? – North Carolina Short Answer In North Carolina, a vehicle loan does not disappear when a spouse dies. The lender’s lien stays attached to the truck, and the debt is generally…
What happens if I don’t have the account holder’s login information or Social Security number? – North Carolina Short Answer In North Carolina, a financial institution usually will not give detailed account information or allow changes to a deceased person’s investment account based only on family status, and it does not require having the decedent’s…
How quickly do I need to start the estate process, and what happens if I wait? – North Carolina Short Answer In North Carolina, there is not one universal deadline that forces every family to “open probate” immediately after a death. But waiting often creates practical problems (no legal authority to access accounts, sell property,…
How do I get an insurance refund check reissued in the name of a deceased person’s estate instead of the deceased person? – North Carolina Short Answer In North Carolina, an insurance company will usually reissue a premium refund payable to the deceased person’s estate (or to the estate’s personal representative) after it receives proof…
How do I challenge a will I believe was forged or signed without proper witnesses? – North Carolina Short Answer In North Carolina, the usual way to challenge a will for forgery or improper witnessing is to file a caveat in the decedent’s estate file with the Clerk of Superior Court. A caveat must generally…
How do I find out whether my parent had a will and what it says? – North Carolina Short Answer In North Carolina, the most reliable way to find out whether a parent had a will (and what it says) is to check whether the will has been filed with the Clerk of Superior Court…
