Can I take an executor fee in a small estate, and is it worth pursuing if it reduces what’s left for everyone? – North Carolina Short Answer In North Carolina, a personal representative (executor/administrator) generally may be paid for the work of administering an estate, but the amount is not automatic. In a true “small-estate”…
How do I report or prove false statements made in probate paperwork without making my situation worse? – North Carolina Short Answer In North Carolina, the safest way to address suspected false statements in probate paperwork is usually to raise the issue in the estate proceeding before the Clerk of Superior Court, using documents and…
How do we transfer the deed to inherited houses when the parent died without a will and nothing has been filed? – North Carolina Short Answer In North Carolina, a deed usually cannot be “transferred” out of a deceased parent’s name just because the family agrees. When someone dies without a will, the houses generally…
Can an out-of-state relative open or control an estate administration without my consent when I’m the surviving spouse? – North Carolina Short Answer In North Carolina, an out-of-state relative generally cannot “take over” an intestate estate administration if the surviving spouse timely applies to serve as administrator. However, if the surviving spouse does not apply…
What happens to a house titled in the decedent’s name when a family member is living there, and does it have to be sold as part of the estate? – North Carolina Short Answer In North Carolina, a house titled only in the decedent’s name usually passes to the heirs (or will beneficiaries) at death,…
Can the probate court hold the funds until the family decides how to divide them, especially when there’s a hearing coming up soon? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (the probate court) generally can keep estate funds from being distributed until the Clerk is satisfied the right people…
What are the final steps to finish probate and get the estate closed? – North Carolina Short Answer In North Carolina, an estate usually closes when the personal representative (executor/administrator) finishes paying valid debts and expenses, makes the required distributions, and files a Final Account with the Clerk of Superior Court (Estates Division). If the…
Can I pay a settled creditor claim in installments instead of one lump sum? – North Carolina Short Answer Yes—under North Carolina estate administration, a settled creditor claim can often be paid in installments if the creditor agrees and the personal representative can still administer the estate correctly. North Carolina law generally does not require…
How do we get a copy of the most recent will if we are not listed as beneficiaries, and when does it become public? – North Carolina Short Answer In North Carolina, a will is generally not open for public inspection until it is filed with (or offered for probate in) the Clerk of Superior…
Can a trustee pay a beneficiary’s share directly to the person who holds the beneficiary’s power of attorney instead of opening a trust account? – North Carolina Short Answer Sometimes, but it depends on what the trust requires and what the power of attorney actually authorizes under North Carolina law. A trustee generally must follow…
