What proof do I need to challenge a will based on lack of capacity or undue influence, and how do I get medical and financial records? – North Carolina Short Answer In North Carolina, a will challenge (called a “caveat”) usually focuses on whether the person had testamentary capacity when the will was signed and…
What information can a government care-related agency request or receive from the estate’s attorney during probate? – North Carolina Short Answer In North Carolina probate, a government care-related agency can request information needed to identify the estate, confirm who has authority to act, and present or enforce a valid claim (such as Medicaid estate recovery…
Do I need a notary, or is a regular witness enough for a receipt and refunding agreement? – North Carolina Short Answer In North Carolina, a receipt and refunding agreement usually does not need to be notarized unless the specific form or the Clerk of Superior Court requires notarization. If the document only calls for…
Do I need to notify potential creditors, or does the probate process handle that automatically? – North Carolina Short Answer In North Carolina, the probate process does not automatically notify creditors on its own. The personal representative (executor/administrator) is responsible for giving creditor notice—usually by publishing a Notice to Creditors and, in some cases, also…
What documents does the court or estate process typically require to prove funeral expenses were paid? – North Carolina Short Answer In a North Carolina estate, the Clerk of Superior Court and the personal representative typically look for a funeral home statement showing the services provided and a clear “paid in full” record showing who…
If my parent put the property in my name before they died, do I still need to go through probate? – North Carolina Short Answer Often, no—if the home was validly deeded into the child’s name during the parent’s lifetime, the home is usually not a probate asset in North Carolina because the parent did…
Can I submit a copy of a newer will to the court if someone else has the original? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court generally expects the original will for probate, but a copy of a newer will can still be important evidence and can be filed in…
How much can creditors typically reduce a debt when an estate negotiates a settlement? – North Carolina Short Answer In North Carolina probate, there is no standard or guaranteed percentage that credit-card creditors “typically” reduce when an estate negotiates a settlement. The discount depends on the estate’s available cash after higher-priority expenses (like administration costs…
How do I request an injunction or court order to freeze or release estate funds during probate? – North Carolina Short Answer In North Carolina probate, the usual way to “freeze” or “release” estate funds is to file a request in the estate file with the Clerk of Superior Court (the probate court) asking for…
What documents and information do I need to provide now that probate has started? – North Carolina Short Answer In North Carolina, once probate has started and a personal representative is (or will be) acting, the next step is gathering documents that prove authority and let the estate be identified, protected, and administered. In practice,…
