Category Archives: Probate Q&A Series

What happens if an estate property was sold without notifying me as the executor—am I entitled to a full accounting and closing statement? nc

What happens if an estate property was sold without notifying me as the executor—am I entitled to a full accounting and closing statement? – North Carolina Short Answer In North Carolina, a court-appointed executor (personal representative) generally has the right—and the duty—to obtain complete records of estate transactions, including the sale proceeds and how they…

Do I need to report surrendered disability placards or temporary license plate use to the probate court or DMV? nc

Do I need to report surrendered disability placards or temporary license plate use to the probate court or DMV? – North Carolina Short Answer Usually, no separate report to the probate court is required just because a disabled parking placard was surrendered or a temporary plate was used while retitling an estate vehicle in North…

Who can serve as the personal representative if I’m a relative and the adult children are out of state or hard to reach? NC

Who can serve as the personal representative if I’m a relative and the adult children are out of state or hard to reach? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court appoints an “administrator” (the personal representative) for an intestate estate, and the law sets a priority order for who…

Does an active registration at the time of death change how the vehicle is reported or valued in probate? nc

Does an active registration at the time of death change how the vehicle is reported or valued in probate? – North Carolina Short Answer In North Carolina probate, an active vehicle registration at the time of death generally does not change how the vehicle is reported or valued. The key questions are (1) whether the…

How do I report or address suspected financial misconduct by a relative involving the decedent’s money during probate? nc

How do I report or address suspected financial misconduct by a relative involving the decedent’s money during probate? – North Carolina Short Answer In North Carolina probate, suspected financial misconduct involving a decedent’s money is usually addressed first through the estate administration process: gathering records, documenting the suspected transfers, and using the Clerk of Superior…

How do I start probate for a relative who died without a will when the children live in different states? nc

How do I start probate for a relative who died without a will when the children live in different states? – North Carolina Short Answer In North Carolina, an intestate (no-will) estate is usually started by applying to the Clerk of Superior Court in the county where the person lived at death for “Letters of…

Can I be appointed to manage the estate if my parent didn’t have a surviving spouse and I’m the only heir? nc

Can I be appointed to manage the estate if my parent didn’t have a surviving spouse and I’m the only heir? – North Carolina Short Answer Yes, in North Carolina an only child is typically the first-choice person to be appointed as the estate’s administrator when a parent dies without a will and without a…

What happens if the annual accounting is filed late, and can the court still accept it? nc

What happens if the annual accounting is filed late, and can the court still accept it? – North Carolina Short Answer In North Carolina, a late annual account in an estate case can still be filed and accepted, but the Clerk of Superior Court can also take enforcement steps to force compliance. If an annual…

How do I switch attorneys during an estate matter if I’m unhappy with my current representation? nc

How do I switch attorneys during an estate matter if I’m unhappy with my current representation? – North Carolina Short Answer In North Carolina, a client generally can change attorneys in an estate matter by hiring new counsel and ending the relationship with the current lawyer in writing. If a formal estate proceeding is pending…

What happens if I think the executor is mishandling estate assets? nc

What happens if I think the executor is mishandling estate assets? – North Carolina Short Answer In North Carolina, an executor (also called a personal representative) must gather estate assets, pay valid debts, and distribute what remains to the beneficiaries. If there are signs the executor is mishandling assets, a beneficiary can ask the Clerk…