Frequently Asked Questions about Probate Law in North Carolina FAQ: What is the Role of an Administrator vs. Executor in North Carolina Probates? The terms “executor” and “administrator” refer to the personal representative (PR) of a decedent’s estate. Both are fiduciaries who carry out estate administration. The main difference lies in how they are appointed…
Frequently Asked Questions about Probate Administration in North Carolina What Should I Do if My Parents Passed Away Without a Will in North Carolina? When a loved one passes away without leaving a will, it can be overwhelming to understand how to manage and distribute their estate. In North Carolina, this situation is known as…
FAQ: What Are the Responsibilities of an Executor in North Carolina? Responsibilities of an Executor in North Carolina An executor plays a crucial role in the administration of an estate in North Carolina. Their responsibilities are far-reaching and require diligence, organization, and a good understanding of the legal requirements outlined in Chapter 28A of the…
FAQ: How Can We Expedite Estate Administration in North Carolina? Understanding Estate Administration Timelines Administering an estate quickly in North Carolina requires organized and efficient action, especially when dealing with potential foreclosure issues. The law requires opening an estate before selling any real estate or distributing assets. To help expedite this process: File necessary court…
What is the Final Accounting in NC Probate Process, and Why is it Important? Probate can be a complex and emotion-laden process, especially when family relationships and financial distributions are involved. A critical component of completing a probate case in North Carolina is the final accounting. But what exactly does this entail? Understanding Final Accounting…
What is a Holographic Will in North Carolina? When preparing for the distribution of assets after death, many individuals choose to create a last will and testament. While the most common type of will is an attested written will, requiring preparation in writing, the testator’s signature, and witnessing by at least two competent individuals, North…
Frequently Asked Questions About Probate and Life Insurance in North Carolina What Are My Inheritance Rights If I Separated But Did Not Divorce My Spouse? While a separation might feel like the end of a marriage, the law doesn’t see it that way until there’s a final divorce decree. This means a separated spouse in…
Frequently Asked Questions about Probate and Estate Administration in NC How Does Divorce Affect My Estate Planning Documents? The intersection of divorce and estate planning documents is a significant concern, especially in North Carolina, where these issues can significantly affect the administration of your estate. Whether you are considering divorce or are already in the…
Frequently Asked Questions about North Carolina Probate Can I Petition For Removal of an Executor from an Estate in North Carolina? Serving as the executor of an estate is a significant responsibility. The executor is entrusted with carrying out the wishes outlined in the will and managing the estate’s assets for the benefit of the…
Probate FAQ: Filing and Contesting Wills in North Carolina How Do I File As An Executor If I Have the Will? If you have been named as the executor in a will in North Carolina, you will need to file the will with the clerk of superior court in the county where the decedent resided…