How do executor fees work and what documentation should I keep for a reasonable commission? – North Carolina Short Answer In North Carolina, executor commissions are allowed but not automatic. The Clerk of Superior Court sets a reasonable amount up to 5% of commissionable receipts and disbursements (not distributions to heirs). Commissionable items generally include…
How long do I have to wait before transferring the car or real estate title to heirs? – North Carolina Short Answer In North Carolina, an executor should generally wait until the 3‑month creditor claim period ends and the estate’s debts, taxes, and expenses are paid or adequately reserved before making distributions or signing title…
What assets need to go on part one versus part two of the probate inventory? – North Carolina Short Answer In North Carolina, Part 1 of the Inventory (AOC-E-505) lists probate assets the personal representative controls and can use to pay claims, such as sole-name bank accounts, undeposited checks, vehicles titled only in the decedent’s…
Is there a way to avoid probate fees when transferring a joint vehicle after death? – North Carolina Short Answer Yes. North Carolina lets you transfer a deceased owner’s vehicle without opening a full estate by using a DMV Affidavit of Authority to Assign Title, if certain conditions are met and all heirs sign. If…
What steps are needed to satisfy the court and DMV when one heir lives abroad? – North Carolina Short Answer In North Carolina, the DMV will accept an Affidavit of Authority to Assign Title only if all heirs sign and the Clerk of Superior Court certifies it. An heir living abroad can usually sign before…
Do I have to list my children on the affidavit to assign vehicle title? – North Carolina Short Answer Yes. In North Carolina, the Affidavit of Authority to Assign Title requires you to list all heirs (and, if there is a will, all devisees), and all heirs generally must sign the affidavit before the Clerk…
How can I transfer my late spouse’s jointly titled car without opening probate? – North Carolina Short Answer In North Carolina, you can usually transfer a deceased owner’s interest in a car without opening probate by using the DMV’s Affidavit of Authority to Assign Title, which must be signed by all heirs and certified by…
Can I use a small estate affidavit or year’s allowance to move a car title for one surviving spouse? – North Carolina Short Answer Yes—North Carolina offers several shortcuts that can transfer a decedent’s vehicle to a surviving spouse without full probate. The spousal year’s allowance can assign the car directly to the spouse within…
How do I handle out-of-state property that was owned jointly with a spouse whose estate was never probated? – North Carolina Short Answer Start by confirming how the out-of-state deed titled the property. If it was tenants by the entirety or joint tenancy with a right of survivorship, the first spouse’s share passed automatically to…
What documents and information will I need to start ancillary probate and real property transfer? – North Carolina Short Answer In North Carolina, you either (1) record certified copies of the out-of-state will and probate order to pass title to North Carolina real estate, or (2) open an ancillary estate with the Clerk of Superior…
