How can I change the marital status listed on a death certificate? – North Carolina Short Answer In North Carolina, changes to the marital status shown on a death certificate are made through the North Carolina Vital Records office, not through the probate court. A family member or other qualified person must submit an amendment…
What happens if a creditor refuses to honor a negotiated payoff after closing—do I have to pay the full claim or can I challenge it without delaying the estate? – North Carolina Short Answer Under North Carolina law, a personal representative can usually challenge a disputed creditor claim rather than automatically paying the full amount,…
Do funds in a joint bank account pass to me automatically, or do they need to be listed in estate paperwork? – North Carolina Short Answer Under North Carolina law, funds in a true joint bank account with right of survivorship normally pass automatically to the surviving co-owner at death and do not pass under…
Can I complete the title transfer at the motor vehicle agency where I’m moving, or does it have to be done where my spouse lived? – North Carolina Short Answer Under North Carolina law, a vehicle titled in a deceased spouse’s name can usually be transferred through the North Carolina Division of Motor Vehicles (DMV)…
What happens if the will is mailed to the wrong address or gets delayed? – North Carolina Short Answer Under North Carolina law, a will is not considered filed or probated until it is actually received and lodged or probated by the clerk of superior court. If a law firm mails a will to the…
What forms and documents should I include when submitting a will by mail? – North Carolina Short Answer In North Carolina, a will that is mailed to the clerk of superior court should be the original, properly certified will, sent with the correct probate application form, the filing fee, and a clear cover letter stating…
What documents will I need to prove the correct marital status to the vital records office? – North Carolina Short Answer In North Carolina, the vital records office generally requires official documents that show the decedent’s true marital history before it will amend the marital-status line on a death certificate. Typical proof includes certified marriage…
Can we list the property before the deed is updated, or do we need to clear title first? – North Carolina Short Answer Under North Carolina probate law, a house that a decedent owned as a tenant in common can usually be marketed (listed with an agent and shown to buyers) before the deed is…
Can a personal representative from another state open and manage an ancillary estate and appoint a local registered agent to receive filings? – North Carolina Short Answer Under North Carolina law, a personal representative who was appointed in another state may usually open and manage an ancillary estate here to deal with North Carolina real…
Can the personal representative release funds while waiting on a tax refund check, or must we hold all proceeds until taxes and creditor claims are resolved? – North Carolina Short Answer Under North Carolina probate law, a personal representative does not have to hold every dollar in the estate until the final tax refund arrives…
