Can I become the court-appointed administrator to access my father’s bank records and review transfers made before his death?: Clear steps under North Carolina probate

Probate Q&A Series

Can I become the court-appointed administrator to access my father’s bank records and review transfers made before his death? – North Carolina Short Answer Yes. In North Carolina, a child can be appointed by the Clerk of Superior Court as the estate administrator if no one with higher priority has qualified, they are not disqualified,…

How can I force uncooperative heirs to open an estate for their deceased parent?: North Carolina probate options to keep your case moving

Probate Q&A Series

How can I force uncooperative heirs to open an estate for their deceased parent? – North Carolina Short Answer Under North Carolina law, you generally cannot force out-of-state heirs to open an estate for their deceased parent. However, you can keep your case moving by asking the Clerk of Superior Court for instructions, depositing the…

Am I allowed or required to open the beneficiary’s estate as executor of my parent’s estate?: Answered for North Carolina probate

Probate Q&A Series

Am I allowed or required to open the beneficiary’s estate as executor of my parent’s estate? – North Carolina Short Answer In North Carolina, you are not required to open the deceased beneficiary’s estate, and you generally cannot do so unless you independently qualify to serve in that estate (for example, as an heir or…

What steps and documents are required to show family consent for disinterment?

Probate Q&A Series

What steps and documents are required to show family consent for disinterment? – North Carolina Short Answer In North Carolina, disinterment requires a disinterment–reinterment permit issued by the county health director (or the State Registrar) to a licensed funeral director. To get that permit, you must provide written authorization from the person(s) with the legal…

Can the personal representative proceed with distributing proceeds before the lawsuit is resolved?: North Carolina guidance

Probate Q&A Series

Can the personal representative proceed with distributing proceeds before the lawsuit is resolved? – North Carolina Short Answer Yes, but only with safeguards and court approval. In North Carolina, a personal representative should not make distributions that could leave the estate unable to pay a pending claim. The clerk of superior court can authorize distributions…

How can I petition the court to authorize the disinterment and transfer of my grandparent’s remains?

Probate Q&A Series

How can I petition the court to authorize the disinterment and transfer of my grandparent’s remains? – North Carolina Short Answer In North Carolina, you typically file an estate proceeding with the Clerk of Superior Court in the county where the grave is located, asking for an order authorizing disinterment and reinterment. Include signed consents…