Can I manage closed or depleted retirement and insurance accounts without beneficiaries during estate administration?: North Carolina

Can I manage closed or depleted retirement and insurance accounts without beneficiaries during estate administration? – North Carolina Short Answer Yes. In North Carolina, the personal representative (executor or administrator) has authority to obtain records and claim any retirement or insurance proceeds that are payable to the estate when no beneficiary is designated. If an…

What timelines and steps apply to opening probate and selling estate property before the two-year creditor-protection period ends?: North Carolina Probate

What timelines and steps apply to opening probate and selling estate property before the two-year creditor-protection period ends? – North Carolina Short Answer In North Carolina, to sell estate real estate within two years of death, a qualified personal representative must publish notice to creditors and either (a) join in any deed by the heirs,…

How do I divide and document personal property among heirs and is a private division agreement enforceable?: A North Carolina guide

How do I divide and document personal property among heirs and is a private division agreement enforceable? – North Carolina Short Answer In North Carolina, the personal representative (administrator) gathers, values, and distributes the decedent’s personal property after paying the year’s allowances, costs, and valid claims. Heirs may divide tangible items by a written, unanimous…

Can I force a sale of the inherited home or file a partition action if the surviving spouse won’t pay the mortgage?: North Carolina probate options and timing

Can I force a sale of the inherited home or file a partition action if the surviving spouse won’t pay the mortgage? – North Carolina Short Answer In North Carolina, you can usually address this through the estate first. If the estate needs cash to pay debts (like the mortgage, car loan, and administration costs),…

How can I challenge a surviving spouse’s claim on a joint or payable-on-death account in probate?

How can I challenge a surviving spouse’s claim on a joint or payable-on-death account in probate? – North Carolina Short Answer In North Carolina, money in a joint or payable‑on‑death (POD) account usually passes to the surviving owner or named beneficiary outside probate. To challenge that result, you must first be appointed as the estate’s…