If the will leaves the house to me, why do I still have to notify other heirs, and can they object to the sale? – North Carolina Short Answer In North Carolina, even if a will leaves a house to one person, the personal representative usually must still give formal notice to the other heirs…
How do I find out whether an estate has been opened for a deceased family member? – North Carolina Short Answer In North Carolina, estates and wills are handled through the Clerk of Superior Court (the “estate division”) in the county where venue is proper. The most direct way to confirm whether an estate has…
Does an heir who caused the death have any claim after release, and what paperwork proves they are barred from inheriting? – North Carolina Short Answer In North Carolina, an heir who is legally treated as a “slayer” is barred from inheriting from the person they willfully and unlawfully killed, even if that heir later…
What happens to the house during probate if there is no will and multiple heirs are involved? – North Carolina Short Answer In North Carolina, when someone dies without a will, the house generally passes to the legal heirs under the intestate succession laws, but it remains subject to the estate’s debts, expenses, and the…
What records and statements should I request from the brokerage to document the account from opening through closure for the estate? – North Carolina Short Answer In North Carolina, a personal representative should request a complete “paper trail” that shows (1) how the account was opened and titled, (2) every transaction and position change while…
What steps do I need to take to properly notify creditors, file an inventory, and close a simple estate with mostly checking accounts? – North Carolina Short Answer In North Carolina, a simple estate is usually closed by (1) opening the estate with the Clerk of Superior Court, (2) giving the required notice to creditors…
What happens if the named executor has a criminal record—can they still serve as executor? – North Carolina Short Answer In North Carolina, having a criminal record does not automatically prevent someone from serving as executor. The key issue is whether the person can qualify with the Clerk of Superior Court and whether there are…
How do we handle probate when someone dies without a will and the main asset is a mortgaged home? – North Carolina Short Answer In North Carolina, when someone dies without a will, the mortgaged home usually becomes part of the intestate estate and passes to the legal heirs, but it still stays subject to…
Is a will signed by witnesses but not notarized valid, and can it be used to inherit money from a bank account? – North Carolina Short Answer In North Carolina, a will generally does not have to be notarized to be valid. A typical written will is valid if the person who made it signed…
What happens to medical bills and credit card debt after a spouse dies, and do we need to pay anything before probate starts? – North Carolina Short Answer In North Carolina, most medical bills and credit card debt do not automatically become the surviving spouse’s personal debt just because of the marriage. Instead, those bills…
