What is the process for notifying creditors and distributing assets in an interstate probate case? – North Carolina Short Answer In North Carolina, if someone dies domiciled in another state but leaves assets here, you typically open an ancillary estate with the Clerk of Superior Court in the county where the North Carolina assets are…
What happens if a public administrator is appointed to handle the estate? – North Carolina Short Answer In North Carolina, a public administrator can be appointed by the Clerk of Superior Court to serve as the personal representative when no eligible person with priority qualifies in time, there are no known heirs, or a qualified…
How do heir waivers work to eliminate the bond requirement for administration? – North Carolina Short Answer In North Carolina intestate estates, the Clerk of Superior Court can excuse a bond if: (1) the proposed administrator is a North Carolina resident; (2) every heir is at least 18 and signs a written bond waiver; and…
What steps should heirs take to consent to a co-administrator and prevent forced asset sales? – North Carolina Short Answer In North Carolina, heirs can streamline a contested administrator appointment by filing written renunciations and consents that nominate a qualified, neutral co-administrator, and by proposing that the Clerk of Superior Court issue letters to two…
Can we challenge the spouse serving as executor if a sibling is influencing them? – North Carolina Short Answer Yes. In North Carolina, any interested person can ask the Clerk of Superior Court to limit, condition, or remove a personal representative (executor) who is unfit, conflicted, or not performing required duties. If the surviving spouse…
What steps are needed to open probate when the will hasn’t been filed yet? – North Carolina Short Answer In North Carolina, if a known original will has not been filed, any devisee or interested person may start probate. If the named executor does not apply within 60 days of death, you can apply after…
How will the bank accounts and CDs be distributed under the will versus the year’s allowance? – North Carolina Short Answer In North Carolina, bank accounts and CDs titled only in the decedent’s name usually pass under the will after any valid spousal or child’s year’s allowance is assigned from the estate’s personal property. Accounts…
How do I determine which assets passed to my step-parent after my parent’s estate closed? – North Carolina Short Answer In North Carolina, start by getting your parent’s estate file from the Clerk of Superior Court in the county where the estate was administered. The inventory, supplemental inventories, and the final account show what was…
What rights do I have as a disabled heir in my parent and step-parent’s estates? – North Carolina Short Answer In North Carolina, disability does not change your inheritance rights—you have the same standing as any heir or devisee. You may (1) open the step-parent’s estate if no one has, (2) demand an accounting and…
Can we e-file the renunciation and new executor application from another county? – North Carolina Short Answer Yes—if the correct North Carolina county accepts electronic filing, you may submit the renunciation and the alternate executor’s application online from anywhere. But you must file into the county where the decedent was domiciled at death. If you…
