What documents and affidavits are needed to satisfy the DMV’s summary administration requirements?: North Carolina

What documents and affidavits are needed to satisfy the DMV’s summary administration requirements? – North Carolina Short Answer In North Carolina, the DMV will retitle a deceased owner’s vehicle when you present a certified, court-sealed Order of Summary Administration issued by the Clerk of Superior Court. To get that order, the surviving spouse files a…

What happens if bank accounts or vehicles weren’t retitled into the trust before they died?: North Carolina probate guide

What happens if bank accounts or vehicles weren’t retitled into the trust before they died? – North Carolina Short Answer In North Carolina, any bank accounts, vehicles, or other assets not titled to the trust at death generally remain in the decedent’s name and must be handled through probate unless they have a valid beneficiary…

What documents are needed to file the petition to fund my parent’s trust through probate?: North Carolina

What documents are needed to file the petition to fund my parent’s trust through probate? – North Carolina Short Answer In North Carolina, you generally open an estate, probate the will (often a pour-over will), and have the personal representative transfer unfunded assets into the trust. To file, bring the original will and any codicils,…

What steps can I take to protect estate assets from being eaten up by administration expenses during creditor negotiations?: Clear options for North Carolina executors

What steps can I take to protect estate assets from being eaten up by administration expenses during creditor negotiations? – North Carolina Short Answer In North Carolina, an executor can protect limited estate assets by rejecting a disputed claim in writing to trigger the creditor’s three‑month deadline to sue, asking the Clerk of Superior Court…

Do I need to file an estate income tax return after distributing a retirement account to a beneficiary?: Clear rules for North Carolina estates

Do I need to file an estate income tax return after distributing a retirement account to a beneficiary? – North Carolina Short Answer In North Carolina, if a retirement account was paid directly to a named beneficiary, that payment generally is not the estate’s income and, by itself, does not require an estate income tax…

What steps do I need to take to get detailed transaction records from a third-party investment account for my estate?: North Carolina probate

What steps do I need to take to get detailed transaction records from a third-party investment account for my estate? – North Carolina Short Answer In North Carolina, a personal representative can demand estate-related records and, if a company resists, use a subpoena issued in the estate proceeding to compel production. If resistance continues, file…

How do I document distributions made to an heir’s partner versus estate expenses?: Practical guidance for North Carolina probate accountings

How do I document distributions made to an heir’s partner versus estate expenses? – North Carolina Short Answer In North Carolina, every estate payment must be proved with a voucher (like a receipt, bill marked paid, or cancelled check), and every beneficiary distribution should be backed by a signed receipt. Payments that benefit the estate…

How can I properly classify withdrawals and reimburse funeral expenses so they are approved in my probate accounting?: North Carolina guidance

How can I properly classify withdrawals and reimburse funeral expenses so they are approved in my probate accounting? – North Carolina Short Answer In North Carolina, classify every estate withdrawal by its purpose and support it with a voucher (such as a canceled check, itemized bill, or bank statement). Funeral costs are priority claims and…