How can I get the backup executor to renounce their appointment so I can serve as executor? – North Carolina Short Answer In North Carolina, a backup (successor) executor can step aside by signing a written renunciation and filing it with the Clerk of Superior Court handling the estate. The most common way is an…
How can I speed up the issuance of letters of administration? – North Carolina Short Answer In North Carolina, letters of administration usually issue once the Clerk of Superior Court approves a complete application and the proposed personal representative has satisfied the “qualification” steps (oath, bond if required, and a resident process agent if the…
Can an executor claim rent from a property if the deceased wasn’t on the deed? – North Carolina Short Answer In North Carolina, an executor (personal representative) generally can only claim rent for real property that actually belonged to the deceased at death. If the deceased was not on the deed, the property usually is…
If a prior representative handled the publication and didn’t share the documents, how do I document compliance and keep the estate on track? – North Carolina Short Answer In North Carolina, the executor (personal representative) generally needs proof that the Notice to Creditors ran correctly, usually an Affidavit of Publication from the newspaper, and the…
How can I probate a parent’s estate with no will when most heirs agree on how to divide a house and multiple lots? – North Carolina Short Answer In North Carolina, a parent who died without a will usually requires an intestate estate proceeding through the Clerk of Superior Court to transfer title to real…
What can I do if I missed a probate hearing because a family member kept my court papers and I couldn’t file or appear? – North Carolina Short Answer In North Carolina probate, missing a hearing because a family member withheld court papers can be a reason to ask the Clerk of Superior Court to…
Can I force a partition of jointly owned land when my parent’s siblings can’t agree on dividing the property? – North Carolina Short Answer Yes. In North Carolina, a co-owner (such as a tenant in common) can file a court case called a partition special proceeding to ask the court to divide the land or,…
What happens to a power of attorney after death, and can we challenge transactions the agent made shortly before or after the death? – North Carolina Short Answer In North Carolina, a power of attorney generally ends when the principal dies, and the agent no longer has authority to control the person’s property. After death,…
What debts and carrying costs can the estate administrator deduct from my share of the sale proceeds? – North Carolina Short Answer In North Carolina, an estate administrator generally can deduct (1) amounts needed to satisfy liens that attach to the property (like delinquent property taxes), (2) the estate’s reasonable costs to preserve, insure, maintain,…
How can I access account and asset information as a co-heir during estate administration? – North Carolina Short Answer In North Carolina, most information about a probate estate is available through the Clerk of Superior Court, including the estate file, the inventory, and required accountings. If a sibling is acting as the personal representative (executor/administrator)…
