What is a probate petition, and what does it need to include for the court to accept it? – North Carolina Short Answer In North Carolina, a probate petition is a written request filed with the Clerk of Superior Court (the probate court) asking the court to take a specific action in an estate matter,…
What should an estate representative do if they can’t find the creditor’s contact information to discuss the claim? – North Carolina Short Answer In North Carolina, an estate’s personal representative should not guess where to send payments or claim questions. The practical and legal-safe approach is to (1) confirm whether the creditor is a “known…
How do I find out what filings or orders the court has issued so far in the probate case and what the next steps are? – North Carolina Short Answer In North Carolina, most probate “court” activity happens in the estate file maintained by the Clerk of Superior Court. The most direct way to see…
Who gets to be in charge of the estate if there isn’t a new will, and can a parent of the deceased be appointed over the surviving spouse or the child’s parent? – North Carolina Short Answer In North Carolina, when someone dies without a valid will (or when no will is offered for probate),…
What proof do I need to show I’m a legal child and heir if the deceased parent is not listed on my birth certificate? – North Carolina Short Answer In North Carolina, a missing parent name on a birth certificate does not automatically prevent a child from inheriting, but it often means extra proof is…
Can the estate pay a deceased person’s medical bill, and what proof does the court usually require? – North Carolina Short Answer Yes. In North Carolina, a personal representative (executor or administrator) can pay a deceased person’s valid medical bill from estate funds, as long as the bill is a proper claim against the estate…
Can I sue a co-executor for hiding a will or not filing it for probate when they were supposed to? – North Carolina Short Answer Possibly, but in North Carolina the fastest and most common first step is usually to involve the Clerk of Superior Court (the estate court) to get the will produced and…
Can I ask the court to order an explanation or repayment if I never received my share from the sale of estate property? – North Carolina Short Answer Yes. In North Carolina, an “interested person” (including a beneficiary) can ask the Clerk of Superior Court handling the estate to require the personal representative (executor/administrator) to…
When will we know what funds are available after debts and reimbursements are handled? – North Carolina Short Answer In North Carolina, the amount that is truly “available” is usually known when the fiduciary can account for all receipts and all allowed disbursements and is ready to file (or has filed) a proposed final accounting…
How can I find out whether the property sale was handled properly and whether the executor followed their duties to the heirs? – North Carolina Short Answer In North Carolina, the fastest way to check whether an executor handled a real estate sale properly is to review the estate file at the Clerk of Superior…
