How do I start probate when my parent had a will but I’m still trying to locate the original document? – North Carolina Short Answer In North Carolina, probate and estate administration start with the Clerk of Superior Court in the county where the parent lived at death. If the original will cannot be found…
What steps have to be completed before listing an inherited property for sale when the owner died without a will? – North Carolina Short Answer In North Carolina, an inherited home can often be listed for sale during an open intestate estate, but the title and probate steps must line up before closing. In most…
What can I do if Google keeps denying my request for a decedent’s digital assets despite letters testamentary? – North Carolina Short Answer In North Carolina, letters testamentary alone may not be enough to make a company disclose a decedent’s Google Photos. North Carolina’s digital-assets law allows a personal representative to demand disclosure, but it…
What steps can I take to retrieve my furniture from the house through the probate process? – North Carolina Short Answer In North Carolina, probate is usually not available to retrieve furniture unless the owner of the house (or the person whose estate would control the property) has died and an estate is open. If…
How do I give a tenant notice to move out when there’s no written lease, and can the estate end the tenancy so the property can be sold? – North Carolina Short Answer In North Carolina, when there is no written lease, the tenancy is usually treated as a periodic tenancy (most often month-to-month), and…
Is a bond required if estate assets are unclear, and can the court reduce or waive the bond to allow the case to proceed? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court usually requires a bond before issuing letters to a personal representative in an intestate estate, even when the…
Do I need a separate nomination document to name the person I want to serve as executor, or can that be included with the renunciation? – North Carolina Short Answer In North Carolina, a person named as executor who plans to step aside can usually handle both steps in writing: renounce the right to qualify…
What can I do to get an annuity released if the company is requiring a doctor’s competency letter? – North Carolina Short Answer In North Carolina, an annuity company can refuse to release funds if it believes the owner cannot legally authorize the transaction and it wants medical proof of capacity. The fastest path is…
What steps do I need to take to become the executor when no one has been named? – North Carolina Short Answer In North Carolina, when no executor has been named (or no named executor qualifies), the Clerk of Superior Court appoints a personal representative and issues “letters” that give legal authority to act for…
Do joint bank accounts and refund checks have to be included in the estate inventory? – North Carolina Short Answer In North Carolina, a refund check payable to the decedent or the estate is typically a probate asset and should be listed on the estate inventory. A joint bank account may or may not be…
