What can I file in probate court to show whether a bank account had rights of survivorship when the original account documents are missing? – North Carolina Short Answer In North Carolina, the cleanest way to prove a bank account had a right of survivorship is the bank’s written account agreement (often the signature card)…
How does the court decide whether property-related payments get reimbursed before the remaining funds are distributed? – North Carolina Short Answer In North Carolina, the court (usually the Clerk of Superior Court in an estate matter) generally reimburses certain property-related payments before any remaining funds are distributed, but only if the payments qualify as proper…
How do tax documents from an investment account affect whether an early distribution is a good idea? – North Carolina Short Answer In a North Carolina estate, tax documents from an investment account (such as Forms 1099) help show whether the estate has taxable income and whether the estate should hold back cash before making…
How do I properly submit multi-year accountings when the official forms don’t have enough space for all entries? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can require an estate or fiduciary accounting to be presented in a format the clerk can review and audit, including standardized AOC accounting forms.…
Do I have to open an estate case to change the title, even if the only asset is the house? – North Carolina Short Answer Not always. In North Carolina, when someone dies without a will, the house generally passes to the legal heirs under the intestate succession rules, but the public records still usually…
Do I need to authorize payment from the decedent’s bank account to cover costs related to selling an estate vehicle? – North Carolina Short Answer In North Carolina, payment of estate expenses tied to selling a decedent’s vehicle (like title fees, lien payoffs, towing, or necessary repairs) generally should be authorized and paid by the…
How can I access money that’s tied up with a company that handled the deceased person’s finances or payments? – North Carolina Short Answer In North Carolina, most companies will not release a deceased person’s money or detailed account information until someone has legal authority to act for the estate. That authority usually comes from…
What happens if an estate account can’t be closed because there’s a small remaining balance left in the account? – North Carolina Short Answer In North Carolina, an estate usually cannot be fully closed until the personal representative has accounted for and distributed the remaining cash so the estate account can reach a true “zero…
If the deceased person owned a vehicle or other property, can those assets be used to satisfy my judgment? – North Carolina Short Answer Sometimes. In North Carolina, a judgment creditor generally gets paid from assets that are part of the deceased person’s probate estate, after higher-priority expenses and family allowances are handled. A vehicle,…
Do I have to open probate to deal with multiple parcels of property left by a deceased parent? – North Carolina Short Answer Not always. In North Carolina, real estate often passes to heirs at death, but probate (or another estate process through the Clerk of Superior Court) is commonly needed to clear title, handle…
