How do I collect all required tax documents from banks and brokerages to report estate income under the estate EIN? – North Carolina Short Answer In North Carolina, the executor collects tax documents by retitling the decedent’s cash and investment accounts into the estate’s name, using the estate EIN, and requesting year-end tax forms (like…
Do I need separate forms for interest and dividends earned under the estate EIN versus the decedent’s SSN? – North Carolina Short Answer Yes. In North Carolina, income through the date of death (reported under the decedent’s SSN) goes on the decedent’s final individual returns (IRS Form 1040 and NC Form D-400). Income after death…
How does a family allowance priority work against creditor claims in probate? – North Carolina Short Answer In North Carolina, a spouse’s and eligible child’s “year’s allowance” comes off the top of the decedent’s personal property before most creditor claims are paid. The allowance is generally exempt from general debts and judgment liens, though it…
How long do I have to let a deceased relative’s family sort and remove belongings from my property? – North Carolina Short Answer In North Carolina, a deceased person’s belongings belong to the estate, not to individual family members. Only a court‑appointed personal representative (PR) or a small‑estate collector using an affidavit has legal authority…
Can I use a deficiency judgment if the estate is insolvent to reject creditor claims? – North Carolina Short Answer No. In North Carolina, a “deficiency judgment” relates to funding a spouse’s or child’s year’s allowance when personal property is insufficient; it is not a tool to deny or wipe out creditor claims. To reject…
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…
