Who has authority to act in an ancillary probate if the main estate case is already open elsewhere? – North Carolina Short Answer In a North Carolina ancillary probate, the person with authority to act in North Carolina is the fiduciary who has been appointed and issued North Carolina letters by the Clerk of Superior…
What documents does my attorney need from me to address creditor claims during an estate or probate matter? – North Carolina Short Answer In a North Carolina estate, an attorney usually needs enough paperwork to (1) identify each creditor, (2) confirm the amount and basis of the debt, and (3) verify whether the creditor properly…
How do I get a copy of the payment plan agreement I made with a bank or creditor if I can’t find the paperwork? – North Carolina Short Answer In North Carolina, the fastest way to replace missing payment-plan paperwork is to request it directly from the bank or creditor in writing and ask for…
How can I confirm whether there are other creditor claims being made and what they are for? – North Carolina Short Answer In North Carolina, the most reliable way to confirm whether other creditor claims exist is to check the estate file maintained by the Clerk of Superior Court in the county where the estate…
Do I have to keep paying on a creditor payment plan if I don’t have the written agreement? – North Carolina Short Answer Not always. In North Carolina probate, a personal representative generally should not keep making monthly payments to a creditor just because a payment plan is remembered—especially if the estate cannot confirm the…
How do I find out whether a deceased relative actually had a will if someone claims it exists but won’t provide a copy? – North Carolina Short Answer In North Carolina, the most reliable way to confirm whether a will exists is to check the decedent’s estate file with the Clerk of Superior Court (the…
What can I do if I think the estate is not being handled properly or is stalled without a good reason? – North Carolina Short Answer In North Carolina, an heir (an “interested person”) can ask the Clerk of Superior Court overseeing the probate file to require the personal representative (executor/administrator) to explain delays and…
What are the next steps after receipts are filed with the clerk in a probate dispute over estate expenses? – North Carolina Short Answer In North Carolina, once the executor/administrator files receipts or other backup in the estate file, the next steps usually depend on whether an interested person still disputes the expense. If the…
Do we have to go through probate to handle a grandparent’s estate, or are there ways to avoid it? – North Carolina Short Answer Not always. In North Carolina, some assets transfer automatically at death (like certain jointly owned property and beneficiary-designated accounts), and some small or limited estates can be handled with simplified clerk-of-court…
How do we figure out what needs to go through probate when there’s a will and an irrevocable trust? – North Carolina Short Answer In North Carolina, an asset usually goes through probate only if it was owned in the decedent’s individual name at death and has no built-in “transfer on death” feature. Assets titled…
