Can an estate administrator legally keep a vehicle or other items that the will specifically left to my deceased family member? – North Carolina Short Answer Usually no. In North Carolina, the person administering an estate must gather estate property, pay valid debts, and then distribute what is left to the people named in the…
Can I challenge or remove an administrator if I think they filed without telling me or aren’t acting in the heirs’ best interests? – North Carolina Short Answer Yes. In North Carolina, the clerk of superior court (as the judge of probate) can revoke an administrator’s “letters of administration” and appoint a replacement if legal…
What happens if the reimbursement paperwork is filed late with the county? – North Carolina Short Answer In North Carolina estate administration, filing reimbursement paperwork late can trigger clerk action against the personal representative, delay approval of the reimbursement, and in some situations risk the reimbursement being treated as an untimely claim. The impact depends…
Do all beneficiaries need to sign notarized receipts before the estate can issue checks, and what happens if someone delays returning them? – North Carolina Short Answer No. North Carolina law does not generally require every beneficiary to sign a notarized receipt before a personal representative can make distributions. That said, many estates use signed…
What documents from the primary probate do I need to open the ancillary case, and where do I file them? – North Carolina Short Answer In North Carolina, an ancillary estate case for out-of-state probate usually starts by filing an authenticated (often “exemplified”) copy of the will and the domiciliary probate record showing the appointment…
Can a disputed creditor claim delay transferring a house out of the deceased person’s name and into the heir’s name? – North Carolina Short Answer Yes. In North Carolina, a disputed creditor claim can delay transferring a house into an heir’s name because the personal representative generally should not distribute estate property until the creditor-claim…
What happens to the estate case if I can’t continue as personal representative because I’m detained or out of the state? – North Carolina Short Answer In North Carolina, if a personal representative cannot continue (for example, because detention makes it impossible to act or because the personal representative is out of state and cannot…
Do I need updated court paperwork showing I have legal possession of the car to get the title transferred and the lien removed? – North Carolina Short Answer Usually, yes—some form of authority paperwork is required to transfer a deceased owner’s vehicle title in North Carolina, and the DMV typically will not remove a recorded…
What can I do if I can’t find the title or registration for a vehicle that was in the deceased person’s name? – North Carolina Short Answer In North Carolina, a personal representative (executor or administrator) can usually still document and transfer a deceased person’s vehicle even if the paper title or registration cannot be…
How do I correct the inventory if I find missing assets after I sign it? – North Carolina Short Answer In North Carolina, an estate inventory can be corrected after it is signed and filed. When a personal representative later discovers property that was left out, or learns that a value or description was wrong,…
