Is it acceptable for co-owners to sign disbursement authorization separately if they cannot meet together? – North Carolina Short Answer Often, yes. In North Carolina probate-related real estate closings, a disbursement authorization can usually be signed in separate counterparts (each person signs their own copy) as long as the closing attorney and the parties agree…
How can I sell the car using a small estate affidavit without my sibling forcing a formal probate? – North Carolina Short Answer In North Carolina, a motor vehicle can often be transferred and sold without opening a full estate by using the DMV’s affidavit process for a deceased owner (commonly done on DMV Form…
How do I prove I am the biological child of someone who has died so I can be recognized in the estate? – North Carolina Short Answer In North Carolina, being a biological child does not automatically make someone an heir in every estate situation. If the decedent died without a will (intestate), a child…
How long does it take to transfer out-of-state property after death when using ancillary probate? – North Carolina Short Answer In North Carolina, transferring title to North Carolina real estate owned by a nonresident decedent through an ancillary estate usually takes a few months, but the timeline can stretch longer if the will has not…
Is there a deadline to return the probate paperwork? – North Carolina Short Answer In North Carolina, probate paperwork does not have one single “return by” deadline. Different probate documents have different due dates, and the deadline depends on what paperwork is being discussed (for example, delivering the will, filing the estate inventory, or filing…
If my parent had a trust, do I still need a probate case to sell real estate that’s titled in their name? – North Carolina Short Answer Often, yes. In North Carolina, a trust can avoid probate only for assets the trust actually owns. If the real estate is still titled in the parent’s individual…
Can a creditor open or participate in the estate case, and does that change what the family needs to do? – North Carolina Short Answer Yes. In North Carolina, a creditor can take steps that affect an estate, including filing a claim and, in some situations, asking the court to address issues in the administration.…
What address should be listed for the estate’s notice to creditors? – North Carolina Short Answer In North Carolina, the notice to creditors should list a reliable mailing address where claims can be sent and promptly handled—most often the personal representative’s mailing address, or the personal representative “in care of” the estate attorney at the…
Do we need landlord or homeowners insurance on a property that has been rented out for a long time, and what liability risks exist if someone gets hurt there? – North Carolina Short Answer In North Carolina, a long-term rental property is usually better insured with a landlord (dwelling) policy rather than a standard homeowners…
How does an auto insurance claim get handled when the policyholder has passed away? – North Carolina Short Answer In North Carolina, an auto insurance claim involving a deceased policyholder is usually handled through the person with legal authority to act for the decedent—most often the estate’s personal representative (executor or administrator). The insurance company…
