What Are the Responsibilities of an Executor in Probate Administration in North Carolina? 1. Detailed Answer An executor in North Carolina, also called a personal representative, has a legal duty to carry out the instructions in a deceased person’s will. North Carolina law spells out each step an executor must take to settle an estate.…
How Do I Proceed When There Is No Last Will in North Carolina? Detailed Answer When a person dies without a valid will in North Carolina, their estate passes through intestate succession. Intestate succession follows the order of inheritance set out in N.C. Gen. Stat. § 29-14. The first step involves asking the clerk of…
FAQs on Probate and Estate Administration in North Carolina Can I Use a Small Estate Affidavit for a Life Insurance Policy in North Carolina? Navigating the probate process can be daunting, especially when you’re handling out-of-state affairs from North Carolina. Many wonder if a small estate affidavit is permissible for claiming a life insurance policy.…
What Happens if My Parent Dies Without a Will in North Carolina? Understanding Intestate Succession in North Carolina When a person dies without a valid will, their estate passes under North Carolina’s intestate succession laws. This process follows rules set out in N.C. Gen. Stat. Chapter 29 and the probate procedures in Chapter 28A. Intestate…
What Steps Can I Take If a Family Member is Attempting to Force the Sale of Inherited Property in North Carolina? 1. Detailed Answer When a loved one passes away, inheritors often expect peace of mind and fair treatment. If a family member pressures you to sell inherited real estate, you have rights under North…
What Should I Do with an Estate Bank Account If the Executor Dies in North Carolina? Detailed Answer When an executor appointed under a will dies before completing estate administration, the estate bank account remains the property of the decedent’s estate. It does not become part of the executor’s personal assets. North Carolina law directs…
How Can I Claim a 401(k) Without Reopening the Estate in North Carolina? 1. Detailed Answer When a loved one passes away owning a 401(k), the key to avoiding probate court lies in the beneficiary designation. Federal ERISA law (Employee Retirement Income Security Act) gives plan beneficiaries priority over state probate rules. In North Carolina,…
What Should I Do if I Can’t Find the Will? Detailed Answer When someone passes away in North Carolina, locating the decedent’s last will and testament is the first step in probate administration. If you cannot find a will, don’t panic. Follow these steps to protect the estate and fulfill legal requirements: 1. Conduct a…
What Should I Do if My Sibling with Power of Attorney Sells My Mom’s Property? Detailed Answer When you discover that your sibling, acting under a Power of Attorney (POA), has sold your mother’s real estate, you may worry about whether the sale was proper and how to protect her interests. In North Carolina, an…
Frequently Asked Questions about Probate and Estate Administration in NC What Does “Reading of the Will” Actually Mean in North Carolina? The phrase “reading of the will” often brings to mind dramatic scenes from movies where a lawyer gathers family members and heirs in a room to announce the contents of a deceased person’s will.…
