Which state should the probate be filed in when someone lived in a nursing home in another state for years before they died? – NC Short Answer In North Carolina, probate usually belongs in the state where the deceased was domiciled at death, not automatically the state where the nursing home was located. Domicile means…
What can I do if the person handling the estate is selling or giving away the deceased person’s belongings before the inventory is filed? – NC Short Answer In North Carolina, an executor or administrator must protect estate property and file a 90-day inventory with the Clerk of Superior Court. If the person handling the…
Do I need a lawyer to prepare and record the deed to transfer an inherited house, or can I do it myself? – NC Short Answer In North Carolina, a lawyer is not automatically required to prepare and record a deed for an inherited house. But the transfer must match the estate’s status, the will…
As the executor, what paperwork do I still need to finish probate, like an inventory and final accounting? – NC Short Answer In North Carolina, an executor usually must finish the estate by making sure creditor notice was properly handled, filing the estate inventory, keeping records for any annual account that is due, and filing…
What am I supposed to do first when my parent dies and there is a will? – NC Short Answer In North Carolina, the first legal step is usually to locate the original will and take it to the Clerk of Superior Court in the proper county so the will can be offered for probate.…
How do I appeal a probate court decision that appointed someone else as the estate administrator? – NC Short Answer In North Carolina, an aggrieved party can usually appeal a clerk of superior court’s estate order appointing an administrator by filing a written notice of appeal with the clerk within 10 days after entry of…
How do I update the ownership registration on a deceased shareholder’s account once the estate is opened? – NC Short Answer In North Carolina, once an estate is opened, the transfer agent usually will not change ownership on a deceased shareholder’s account until the duly appointed personal representative proves authority to act for the estate.…
Who has authority to negotiate and pay a creditor claim on behalf of an estate? – North Carolina Short Answer In North Carolina, the personal representative of the estate has authority to deal with creditor claims. That usually means the executor named in a will or, if there is no will, the administrator appointed by…
How do I get reimbursed from an estate or trust for mortgage or equity-line payments, property taxes, and homeowners insurance I paid out of pocket to keep the property from going into default? – NC Short Answer In North Carolina, a trustee can usually reimburse properly documented out-of-pocket expenses that were reasonably incurred to preserve…
Can I transfer my grandparent’s share of the home to myself if the will names me as the sole heir? – NC Short Answer Usually not by will alone. In North Carolina, a will must be probated before it is effective to pass title, and if a deed lists co-owners without survivorship language, the deceased…
