Is a will still valid if it was notarized but doesn’t have witness signatures? – North Carolina Short Answer Usually not. In North Carolina, a typical typed (attested) will must be signed by the person making the will and attested by at least two competent witnesses; a notary stamp by itself does not replace witness…
Do I still need an heirship affidavit if there is a valid will? – North Carolina Short Answer Usually not. In North Carolina, a valid will generally means the estate should be handled through the Clerk of Superior Court as a testate estate, and the will (not an “heirship affidavit”) controls who inherits. An heirship-style…
Do I need a lawyer just to prepare and file the inventory, or can I hire help for only that part of the probate case? – North Carolina Short Answer In North Carolina probate, a personal representative generally can hire a lawyer for only part of the case, including just preparing and filing the required…
Can I keep the house if it was in both our names but there is still a mortgage? – North Carolina Short Answer Often, yes. In North Carolina, if a married couple held the home as tenants by the entirety (the most common way spouses hold title together), the surviving spouse becomes the sole owner…
How do we get financial institutions to release account balances and transfer an investment account into the estate? – North Carolina Short Answer In North Carolina, financial institutions usually will not release date-of-death balances or retitle an investment account into an estate until a court-appointed personal representative presents certified Letters Testamentary or Letters of Administration…
How do I get an out-of-state will accepted when it isn’t self-proving and the court wants witness affidavits? – North Carolina Short Answer In North Carolina, a will that is not “self-proved” usually must be proven to the Clerk of Superior Court with sworn testimony from the subscribing (attesting) witnesses. If the original witnesses are…
How do I get probate started if the executor named in the will won’t file anything or respond? – North Carolina Short Answer In North Carolina, probate is handled through the Clerk of Superior Court, and a will does not “move forward” until someone applies to have it admitted and a personal representative qualifies. If…
How do estate taxes or IRS issues get handled during probate? – North Carolina Short Answer In North Carolina probate, the personal representative (executor or administrator) typically handles tax and IRS issues as part of administering the estate: gathering tax records, filing required returns, paying valid taxes from estate funds, and documenting those payments in…
What documents or signatures are commonly needed to finalize and close a probate estate after the final accounting is submitted? – North Carolina Short Answer In North Carolina, closing a probate estate after the final account is submitted usually means the Clerk of Superior Court needs enough paperwork to (1) approve the final account and…
How do we figure out which bank accounts, safe deposit box contents, and business assets belong to the estate? – North Carolina Short Answer In North Carolina probate, an asset generally “belongs to the estate” if it was titled in the decedent’s name alone (or payable to the estate) and does not transfer automatically at…
