Can I start probate if I don’t have the original will, or if my relative died without a will? – North Carolina Short Answer Yes. In North Carolina, probate (estate administration) can still start even if the original will cannot be found, and it can also start when there is no will at all. The…
What happens if I refuse to sign a waiver of bond when the executor is pressuring me? – North Carolina Short Answer In North Carolina, refusing to sign a waiver of bond usually means the Clerk of Superior Court may require the executor (personal representative) to post a bond before receiving and managing estate assets.…
If a relative drained an account that should have gone to the estate, how can that money be recovered and used to pay estate expenses like taxes and upkeep? – North Carolina Short Answer In North Carolina, the estate’s administrator can often pursue recovery by asking the Clerk of Superior Court to order the person…
How do I correct or replace health marketplace tax forms if the marketplace won’t issue them or the information is wrong? – North Carolina Short Answer In North Carolina, the person who can usually request a decedent’s missing or corrected Health Insurance Marketplace tax form (often Form 1095-A) is the court-appointed personal representative (executor/administrator) or…
Can my spouse participate in communications and decision-making during the probate process if I’m the main contact? – North Carolina Short Answer In North Carolina probate, the person with legal authority to make estate decisions is the court-appointed personal representative (executor/administrator), not the personal representative’s spouse. A spouse can usually be included in meetings and…
How do I transfer a deceased spouse’s bank account when there was no will? – North Carolina Short Answer In North Carolina, transferring a deceased spouse’s bank account without a will depends on how the account was titled. If the account had a right of survivorship (joint account) or a payable-on-death (POD) beneficiary, the bank…
If family members verbally agree that one person gets the property and another gets everything else, does that agreement count legally? – North Carolina Short Answer Usually not by itself. In North Carolina, when someone dies without a will, the estate must be distributed under the state’s intestate succession rules unless the heirs make a…
If a piece of out-of-state property is specifically gifted to a child in the will, does that property still have to go through probate to transfer the deed? – North Carolina Short Answer Usually, yes. If the deed is for real estate located outside North Carolina, the transfer typically must follow the probate (or “ancillary…
What can I do if I found estate filings for my parent online but I never received any notice from the court or a lawyer? – North Carolina Short Answer In North Carolina, many estate steps happen through the Clerk of Superior Court and may not include mailed notice to every adult child at the…
Do I need to open a separate account or take any special steps to pay taxes and expenses for inherited property outside the estate? – North Carolina Short Answer Usually, no separate bank account is required just because inherited real property is located outside the North Carolina estate. The key question is whether the payment…
