What forms are required to file an estate inventory and apply for an EIN for the estate? – North Carolina Short Answer In North Carolina, the estate inventory is typically filed on the North Carolina court form titled “Inventory for Decedent’s Estate” (AOC‑E‑505), which is due within three months after the co-administrators qualify (receive letters).…
Can I still put the property into a trust to avoid probate after an owner has passed away? – North Carolina Short Answer No. In North Carolina, a trust can only avoid probate for property that the owner transferred into the trust while the owner was alive (or that passes to the trust by a…
What records or documents should I gather to learn whether probate was ever opened or completed? – North Carolina Short Answer In North Carolina, the best way to confirm whether probate was opened or completed is to locate the estate file with the Clerk of Superior Court (the probate court office). To do that efficiently,…
Does a power of attorney signed by my grandparent have any effect after death, or is it meaningless in probate? – North Carolina Short Answer In North Carolina, a power of attorney generally stops working when the person who signed it dies. After death, the only person with legal authority to act for the estate…
How can I follow up on a mortgage payoff check for an estate in probate? – North Carolina Short Answer In North Carolina probate, the personal representative usually follows up on a mortgage payoff by confirming the payoff figure in writing, confirming where the payoff check was sent, and then demanding written proof that the…
What happens if the insurance company or insurance department hasn’t sent anything—how do I check the status and make sure any benefits are paid? – North Carolina Short Answer In North Carolina, if nothing has arrived from an insurance company, the fastest way to check status is to contact the insurer’s claims unit directly, confirm…
What’s the process for distributing life insurance and retirement benefits outside probate? – North Carolina Short Answer In North Carolina, life insurance proceeds and most retirement plan benefits usually pass “outside probate” when there is a valid, living beneficiary named on the policy or account. The beneficiary (not the personal representative) typically makes a claim…
How do I start the probate process and what does filing a petition involve? – North Carolina Short Answer In North Carolina, starting probate usually means opening an estate with the Clerk of Superior Court (the judge of probate) in the proper county and asking the Clerk to appoint a personal representative by issuing “letters…
How does intestate succession work when a decedent has no spouse or children and only siblings or step-siblings? – North Carolina Short Answer In North Carolina, if a person dies without a will and leaves no surviving spouse, children, or other descendants, the estate generally passes to the decedent’s parents; if no parent survives, it…
Can my surviving parent inherit our family house and bank accounts without going through probate? – North Carolina Short Answer Sometimes. In North Carolina, property that is set up to pass automatically at death (like many jointly titled bank accounts with a right of survivorship, and many homes owned by spouses as “tenants by the…
