How do I start probate when my uncle died without a will? – North Carolina Short Answer In North Carolina, when someone dies without a will (called an “intestate” estate), probate usually starts by applying to the Clerk of Superior Court in the county where the person lived at death for “Letters of Administration.” The…
What are the grounds and procedure to remove a co-executor? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can remove (revoke the “letters” of) a personal representative, including an executor or co-executor, for specific statutory reasons such as disqualification, misconduct or breach of fiduciary duty, appointment obtained by mistake or…
How can I obtain the trust account and estate account statements needed for probate accounting? – North Carolina Short Answer In North Carolina, the usual way to get the statements needed for a probate accounting is to have the personal representative request them directly from each bank or financial institution using certified Letters Testamentary/Letters of…
What steps do I need to request the court to appoint me as the successor personal representative? – North Carolina Short Answer In North Carolina, a successor personal representative is typically appointed by the Clerk of Superior Court in the estate file after the current personal representative’s authority ends or is revoked. When the current…
As the administrator, can I file a lawsuit or special proceeding to force my relative to account for and return assets and records? – North Carolina Short Answer Yes. In North Carolina, an estate administrator (personal representative) can bring an estate proceeding before the Clerk of Superior Court to examine a person who is reasonably…
How do I start probate and what documents will I need to file? – North Carolina Short Answer In North Carolina, probate (opening an estate) usually starts by filing the decedent’s original will (if there is one) and an application to be appointed as the personal representative with the Clerk of Superior Court in the…
What steps do I need to take to sell inherited real estate with a mortgage during probate, and do we have to wait until the creditor notice period ends? – North Carolina Short Answer In North Carolina, an administrator can usually move forward with a probate sale of inherited real estate (even if it has…
How do I fix it if the clerk rejects my notarized signature style on a year’s allowance filing? – North Carolina Short Answer In North Carolina, a year’s allowance request must be filed as a verified petition with the Clerk of Superior Court. If the clerk rejects the filing because the signature style does not…
What is a Year’s Allowance and who qualifies for it? – North Carolina Short Answer In North Carolina, a Years Allowance is a statutory family allowance paid from a decedents cash or other personal property (not real estate) to help support certain family members for one year after the death. A surviving spouse generally qualifies…
Do we need court appointment papers or other probate documents before any due diligence funds can be released? – North Carolina Short Answer Usually, yes. In North Carolina, a closing attorney will typically require proof that someone has legal authority to act for the estate (most often “Letters Testamentary” or “Letters of Administration”) before releasing…
