What are my rights to real property that passed to the surviving spouse outside of probate? – North Carolina Short Answer In North Carolina, if a home was owned by the decedent and surviving spouse as tenants by the entirety, it passes to the surviving spouse automatically at death and is not part of the…
What steps can I take if the year’s allowance petition has taken the first share of personal property and other assets aren’t disclosed? – North Carolina Short Answer In North Carolina, a spouse’s year’s allowance is paid from the decedent’s personal property, takes priority over most claims, and in a will-based estate is charged against…
How do I make sure all of my grandmother’s estate assets are identified and distributed correctly? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court oversees probate and can require the person holding the will to file it, and the personal representative to inventory assets and account for distributions. Beneficiaries may…
Can I compel the executor to provide details on CDs and undisclosed estate accounts? – North Carolina Short Answer Yes. In North Carolina, you can (1) ask the Clerk of Superior Court to order production of the will, (2) compel the executor to file the required inventory and accountings, and (3) seek an examination of…
What alternatives exist when no executor is willing to open probate for an insolvent estate? – North Carolina Short Answer North Carolina offers several ways to handle a vehicle and small assets without full probate when no one will serve as executor. Common options include: assigning the car through the Clerk’s year’s allowance, transferring title…
How can I force my grandmother’s spouse to file her will with the court? – North Carolina Short Answer In North Carolina, you can file a sworn application with the Clerk of Superior Court asking the court to order the person holding the will to produce it. The clerk issues a summons requiring that person…
How can I transfer a vehicle titled in decedent’s name to a surviving parent without opening probate under the year’s allowance provision? – North Carolina Short Answer In North Carolina, the year’s allowance only covers a surviving spouse and certain children, not a parent. To transfer a decedent’s vehicle to a surviving parent without opening…
Can I serve as administrator or transfer assets if named executors refuse to handle an insolvent estate? – North Carolina Short Answer Yes. In North Carolina, if the will’s named executors will not serve, the Clerk of Superior Court can appoint an administrator with the will annexed (administrator c.t.a.) after the will is probated and…
What is the process to request a year’s allowance for a vehicle in an insolvent estate? – North Carolina Short Answer In North Carolina, a vehicle can be assigned to the surviving spouse (or to an eligible child) as part of a year’s allowance by filing an Application and Assignment of Year’s Allowance (AOC‑E‑100) with…
How can I get a summary administration order when I don’t have a certified original will? – North Carolina Short Answer In North Carolina, a summary administration order is available only when the surviving spouse is the sole devisee or heir. If the decedent had a will, the will must be admitted to probate first.…
