How can a surviving spouse transfer a vehicle if the key and title are missing? – North Carolina Short Answer Under North Carolina law, a surviving spouse can usually transfer a deceased owner’s vehicle through the Division of Motor Vehicles (DMV) even if the original key and paper title are missing. The main options are:…
Who keeps original documents during the process, and can I get them back after they are reviewed or filed? – North Carolina Short Answer In a North Carolina probate case, the Clerk of Superior Court keeps original documents that the law requires to be filed in the court file, such as an original will or…
What steps should I take to update the mailing address for all estate payments and notices? – North Carolina Short Answer Under North Carolina probate law, the personal representative and their attorney should promptly give written notice of any new mailing address to the clerk of superior court and to anyone who sends payments or…
What happens if an estate check keeps getting misdelivered—will it be reissued or canceled? – North Carolina Short Answer Under North Carolina probate law, if an estate distribution check is misdelivered or never reaches the intended heir, the personal representative should protect the estate by stopping payment on the original check and either reissuing it…
Will a pending death certificate delay transferring the car or handling necessary accounts, and what can I do in the meantime? – North Carolina Short Answer In North Carolina, many immediate tasks can move forward while a certified death certificate is pending, but some transfers will wait on that document. The clerk of superior court…
Do beneficiary accounts like a 401(k) and life insurance avoid probate entirely, or can estate debts still reach them? – North Carolina Short Answer In North Carolina, most beneficiary-designated assets—such as 401(k)s, IRAs, payable-on-death accounts, and life insurance—pass directly to the named beneficiaries and do not go through probate. Ordinary estate creditors generally cannot force…
Do home-sale proceeds have to be held for the standard creditor claim period before anyone can use them? – North Carolina Short Answer Under North Carolina law, there is no automatic rule that home-sale proceeds must sit untouched for the entire creditor claim period, but a personal representative must keep enough of those proceeds available…
When we sell our parent’s house, does the due diligence or earnest deposit have to go into the trust or estate, or can we use it to secure a new place to live? – North Carolina Short Answer Under North Carolina law, any earnest money or due diligence fee paid for the sale of a…
What happens to my spouse’s unsecured loan and credit card if the estate has little or no assets—am I personally responsible? – North Carolina Short Answer Under North Carolina law, a surviving spouse is not automatically liable for a deceased spouse’s individual unsecured debts, like a credit card or personal loan, if the spouse did…
Do I need probate paperwork to sell a house that was jointly owned with my spouse who died without a will? – North Carolina Short Answer In North Carolina, a surviving spouse usually does not need probate paperwork just to sell a home that was owned with the deceased spouse as tenants by the entirety…
