Can I get the bank to release funds if no beneficiary was named on the account? – North Carolina Short Answer Yes, but usually not just by asking the bank. In North Carolina, if a bank account has no payable-on-death beneficiary and is not a joint account with survivorship rights, the money typically becomes part…
How do I get access to a deceased parent’s stored belongings and resolve disputes over personal property that may not be part of the probate inventory? – North Carolina Short Answer In North Carolina, the person with legal authority to take control of a deceased parent’s belongings is usually the court-appointed personal representative (the executor…
What steps let me finalize a DMV title transfer after a small estate affidavit is approved? – North Carolina Short Answer In North Carolina, a vehicle that is still titled in a deceased persons name can often be retitled through the N.C. Division of Motor Vehicles (DMV) using DMVs inheritance affidavit process, even when the…
How can I transfer a car titled in my parent’s name using a small estate affidavit when my co-executor won’t sign? – North Carolina Short Answer In North Carolina, a “small estate affidavit” (collection by affidavit) does not work the same way for vehicle titles as it does for bank accounts, and the DMV often…
Am I entitled to half the sale proceeds of the vehicle once probate is complete even if the title isn’t updated? – North Carolina Short Answer Usually, yes—if the will or North Carolina intestacy rules say the beneficiary share is one-half, the right to that share comes from the estate distribution, not from whether the…
What happens in probate if I can’t obtain the proof of publication—can the court accept other evidence? – North Carolina Short Answer Yes. In North Carolina probate, the usual way to prove publication of the notice to creditors is an affidavit (proof) of publication from the newspaper, but that is not the only permitted proof.…
What happens if the mortgage lender starts foreclosure while we are preparing to list the property through the estate? – North Carolina Short Answer In North Carolina, a mortgage lender can usually keep moving forward with foreclosure even if an estate is being administered and the property is about to be listed for sale. The…
Are there time limits that could stop me from claiming property or funds from an old estate? – North Carolina Short Answer Yes. In North Carolina, several different time limits can block a claim connected to an old estate, and the deadline depends on what kind of claim it is. Creditor claims against an estate…
Can out-of-state heirs sign a disclaimer or transfer documents remotely so they don’t have to travel? – North Carolina Short Answer Yes, in many North Carolina probate situations, out-of-state heirs can sign disclaimers and related transfer documents without traveling to North Carolina. A disclaimer of an inheritance generally must be in writing and properly filed…
How can I find the original will if I only suspect one exists and don’t know where it’s kept? – North Carolina Short Answer In North Carolina, the most practical way to find an original will is to run a structured search of the places a will is commonly stored and to ask the Clerk…
