What information do I need to include when requesting EMS records from a county provider for an estate? – North Carolina Short Answer In North Carolina, the personal representative of the estate (or the attorney acting for the personal representative) should send a written request that clearly identifies the decedent and incident, states exactly which…
How can I obtain a HUD-1 settlement statement and closing documents for property in probate? – North Carolina Short Answer In North Carolina, a qualified personal representative can request real estate closing records (HUD-1, Closing Disclosure, ALTA settlement statement, deed, and related papers) directly from the closing attorney, title agent, or lender by providing Letters…
How do I prove property transfer details in an estate when closing documents are missing? – North Carolina Short Answer In North Carolina, you must substantiate estate transactions with recorded documents and financial proof. If closing papers (like a HUD-1 or Closing Disclosure) are missing, use certified deed records, excise tax data, bank and wire…
What happens if no creditors file claims by the deadline in a probate estate? – North Carolina Short Answer Under North Carolina law, if you properly published and mailed the Notice to Creditors and the claim deadline has passed, untimely creditor claims are generally forever barred. After paying administration costs, any required allowances, taxes, and…
What steps can I take to compel a title agent to provide deed and closing paperwork for an estate? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) has authority to collect records needed to administer the estate. If a title agent ignores reasonable requests, you can use an estate…
How do I schedule an appointment or hearing with the clerk to request copies or open the estate? – North Carolina Short Answer In North Carolina, you usually do not need a court hearing to open an estate or to get copies from an existing estate file. Opening the estate is an administrative process handled…
How can I contest a power of attorney that was used to transfer my mother’s assets after she died? – North Carolina Short Answer In North Carolina, a financial power of attorney ends at the principal’s death, so an agent cannot lawfully use it to transfer property after death. To challenge suspect transfers, open your…
How do I publish a notice to creditors when administering an estate? – North Carolina Short Answer In North Carolina, you publish a notice to creditors only after the Clerk of Superior Court issues you letters as the personal representative. Then you must publish the notice once a week for four consecutive weeks in a…
How do I protect myself as the estate representative when paying off a creditor with limited estate funds? – North Carolina Short Answer In North Carolina, protect yourself by following the creditor-claims process: publish and mail the required creditor notices, wait for the claim period to close, verify and allow or reject claims, and pay…
What happens if the clerk still rejects the will after submitting affidavits? – North Carolina Short Answer In North Carolina, if the Clerk of Superior Court rejects a non-self-proving will after you submit affidavits, you can either supplement the proof (for example, add handwriting affidavits and other competent evidence), petition for probate in solemn form…
