How do I decide which assets to list on a North Carolina small estate affidavit and which ones I can leave blank or put zero for? — North Carolina Short Answer List only the decedent’s probate personal property—things owned in the decedent’s name alone at death—on the small estate affidavit. Do not include non‑probate assets…
Do I need to include assets that passed by right of survivorship to my mother on the inventory? — North Carolina Short Answer Usually, you do not list survivorship assets as “property of the estate” on the 90‑day inventory. In North Carolina, the inventory must include probate assets and also list any nonprobate assets that…
What steps do I need to open an estate for my sibling’s house in North Carolina when he died without a will? — North Carolina Short Answer In North Carolina, an heir can apply with the Clerk of Superior Court in the county where your sibling lived to be appointed administrator of the intestate estate.…
How can I find a missing parent as a next-of-kin during probate? — North Carolina Short Answer In North Carolina probate, the personal representative must make a good‑faith effort to locate all heirs, including a missing parent. If the parent’s name is known but you cannot find them, you can hold their share with the…
How do I find out if the bank account is under the $20,000 limit so I can use the small estate process? — North Carolina Short Answer In North Carolina, you can use the small estate “collection by affidavit” process if the total value of the decedent’s probate personal property—after subtracting liens and encumbrances—is $20,000…
How can I use a small estate affidavit in North Carolina to claim my father’s bank account after he died? — North Carolina Short Answer In North Carolina, you can use a small estate affidavit to collect your father’s bank account if at least 30 days have passed since his death and the estate’s personal…
What does it mean when a judge dismisses my partition case with prejudice? — North Carolina Short Answer In North Carolina, a dismissal “with prejudice” is a final judgment that ends your partition case and bars you from refiling the same claim about the same property against the same parties. Your options shift from starting…
What options do I have to force the sale or division of real property I still co-own with my ex after our divorce in North Carolina? — North Carolina Short Answer In North Carolina, any co-owner can file a partition proceeding to divide the property or have it sold. The Clerk of Superior Court presides…
If I’m appointed guardian of the person, do I automatically become guardian of the estate or do I need a separate appointment in North Carolina? — North Carolina Short Answer No. In North Carolina, a guardian of the person makes care decisions and does not automatically have authority over money or property. To manage finances,…
Do I need to file a federal tax return for the estate if no distributions were made from any accounts? — North Carolina Short Answer Usually no. A federal estate income tax return (IRS Form 1041) is required if the estate had $600 or more in gross income during its tax year or if any…
