What paperwork should I send creditors to let them know my parent passed away and that the estate is being handled? – North Carolina Short Answer In North Carolina, creditors are usually notified in two ways: (1) a published “Notice to Creditors” in a local newspaper, and (2) mailed notice to certain known creditors. For…
Now that we found a will, what are the next steps to start the estate process? – North Carolina Short Answer In North Carolina, the usual next step after locating a will is to take the original will (and a certified death certificate) to the Clerk of Superior Court in the county where the person…
Can I waive my right to serve as executor, and what happens if no family member wants the role? – North Carolina Short Answer Yes. In North Carolina, a person named as executor (personal representative) can decline the appointment, typically by signing a written renunciation filed with the Clerk of Superior Court (the probate court).…
Can the children claim a family allowance or similar benefit if they are under a certain age, and what assets can be used for that claim? – North Carolina Short Answer Yes. In North Carolina, a decedent’s child who was under age 21 at the time of death may claim a child’s year’s allowance (a…
How do I find out what I actually inherit under my parent’s will before I agree to be the executor? – North Carolina Short Answer In North Carolina, the fastest way to confirm what is being left under a parent’s will is to read the will carefully for the gift language (specific gifts, percentages, and…
What happens to my spouse’s retirement accounts or 401(k) if I’m not sure who the beneficiary is? – North Carolina Short Answer In North Carolina, a 401(k) or retirement account usually pays directly to the beneficiary named on the plan’s paperwork, not through probate. If the beneficiary is unclear, the plan administrator will require documentation…
What documents will I need to prove I can sell the property and sign the closing paperwork? – North Carolina Short Answer In North Carolina, the document that most often proves legal authority to sell a deceased parent’s home and sign closing paperwork is a certified copy of Letters of Administration (or Letters Testamentary if…
What happens if a creditor has a second separate claim or file that I didn’t know about? – North Carolina Short Answer In North Carolina probate, a creditor can have more than one claim (for example, two different accounts or a main account plus a separate “file” for fees, interest, or a different contract). Each…
Do I have to go through probate to change the deed after my spouse dies if the house is the main asset? – North Carolina Short Answer Not always. In North Carolina, if the home was titled with survivorship (most commonly as “tenants by the entirety” for married couples), the surviving spouse usually becomes the…
What happens if the person named as executor is someone I think should not serve? – North Carolina Short Answer In North Carolina, the person named as executor does not automatically get to serve if there is a legal reason they are not qualified or they cannot fairly and properly administer the estate. An interested…
