What happens to a house titled in the decedent’s name when a family member is living there, and does it have to be sold as part of the estate? – North Carolina Short Answer In North Carolina, a house titled only in the decedent’s name usually passes to the heirs (or will beneficiaries) at death,…
Can the probate court hold the funds until the family decides how to divide them, especially when there’s a hearing coming up soon? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (the probate court) generally can keep estate funds from being distributed until the Clerk is satisfied the right people…
What are the final steps to finish probate and get the estate closed? – North Carolina Short Answer In North Carolina, an estate usually closes when the personal representative (executor/administrator) finishes paying valid debts and expenses, makes the required distributions, and files a Final Account with the Clerk of Superior Court (Estates Division). If the…
Can I pay a settled creditor claim in installments instead of one lump sum? – North Carolina Short Answer Yes—under North Carolina estate administration, a settled creditor claim can often be paid in installments if the creditor agrees and the personal representative can still administer the estate correctly. North Carolina law generally does not require…
How do we get a copy of the most recent will if we are not listed as beneficiaries, and when does it become public? – North Carolina Short Answer In North Carolina, a will is generally not open for public inspection until it is filed with (or offered for probate in) the Clerk of Superior…
Can a trustee pay a beneficiary’s share directly to the person who holds the beneficiary’s power of attorney instead of opening a trust account? – North Carolina Short Answer Sometimes, but it depends on what the trust requires and what the power of attorney actually authorizes under North Carolina law. A trustee generally must follow…
Can liens tied to a deceased person’s business be negotiated or removed, and when in the probate process does that happen? – North Carolina Short Answer Sometimes. In North Carolina, a business-related lien on a deceased person’s property usually does not disappear just because the owner died. A lien can be reduced, released, or satisfied…
Can I make improvements or build on the land before the ancillary probate is finalized, or should I wait? – North Carolina Short Answer In North Carolina, it is usually safer to wait to start major improvements or construction until the North Carolina title issue is cleaned up (often by recording the will/probate documents in…
How do I sign and transfer a deceased parent’s vehicle title to myself as the executor? – North Carolina Short Answer In North Carolina, a personal representative (executor/administrator) typically transfers a deceased parent’s vehicle by signing the existing NC title as the “seller” in a representative capacity and submitting the signed title, a certified copy…
How do we close the estate account and file the final accounting once outstanding creditor claims are resolved? – North Carolina Short Answer In North Carolina, an estate is typically closed by filing a Final Account with the Clerk of Superior Court after all approved creditor claims, expenses, and taxes are paid (or fully provided…
