Does a will override a life-estate deed that was signed and recorded years earlier? – North Carolina Short Answer Usually, no. In North Carolina, a properly signed and recorded life-estate deed generally controls who owns the property at death because it transfers the remainder interest during life, so the property typically passes outside the will.…
How can I confirm whether the decedent was named as executor in another estate your office handled? – North Carolina Short Answer In North Carolina, the most reliable way to confirm whether a decedent was appointed (or even nominated) as executor in another person’s estate is usually to check the public estate file at the…
How do I get sealed estate letters from the court so I can move forward with the estate? – North Carolina Short Answer In North Carolina, “sealed estate letters” usually means certified Letters Testamentary (when there is a will) or Letters of Administration (when there is no will) issued by the Clerk of Superior Court…
Are vehicle title transfer fees and notary costs considered estate expenses, or are they my responsibility if the vehicles were assigned to me before I sold them? – North Carolina Short Answer In North Carolina, vehicle title transfer and notary costs are usually treated as estate administration expenses when they are incurred to transfer or…
Do I have to open probate before the estate’s real estate can be sold, or can the sale move forward first? – North Carolina Short Answer In North Carolina, a clean sale of a deceased person’s real estate usually cannot close until someone has legal authority to sign the deed and the transaction is structured…
What happens if someone starts taking property out of the house before the estate is opened or before an executor is officially appointed? – North Carolina Short Answer In North Carolina, property in a decedent’s home generally becomes part of the estate at death, but no family member has legal authority to “distribute” it until…
Can I move money out of a bank account before the court issues the paperwork appointing me to act for the estate? – North Carolina Short Answer Usually, no. In North Carolina, a person generally cannot withdraw or transfer money that belongs to a deceased person’s estate until the Clerk of Superior Court appoints (qualifies)…
How can I stop or delay the sale of an inherited house if I didn’t agree to it? – North Carolina Short Answer In North Carolina, one beneficiary usually cannot unilaterally sell an inherited house and force a closing if the other beneficiary is also an owner. The fastest way to stop or delay a…
If the original will is gone, how can the court figure out what it said and who the executor was supposed to be? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (as the judge of probate) can still admit a will to probate even if the original cannot be found,…
What documents do I need to file to start probate when I don’t have access to the deceased person’s records? – North Carolina Short Answer In North Carolina, starting probate usually means filing an application with the Clerk of Superior Court to (1) probate a will (if one exists) and/or (2) qualify a personal representative…
