What Should I Do if I Find Multiple Wills or a Codicil Filed in the Probate Office? Finding two probate filings for the same decedent—from 2022 and again in March 2024—raises important questions. North Carolina law treats a later will or codicil as revoking an earlier instrument to the extent of any inconsistency. However, until…
How can I compel production and probate of my grandfather’s will in Robeson County, NC? When someone close to the estate refuses to show the will, you can take formal steps in Robeson County to ensure the original document is produced and admitted to probate. First, contact the Robeson County Clerk of Superior Court. North…
FAQ 1: How Do I Get Reimbursed for Executor Expenses in a North Carolina Probate Estate? When you qualify as the personal representative (formerly executor) of a North Carolina estate, you can pay certain costs and then seek reimbursement from estate funds. North Carolina law—specifically N.C. Gen. Stat. § 28A-15-3—authorizes the personal representative to “disburse…
FAQ 1: What Do I Need to File a Decedent’s Personal and Estate Tax Returns in North Carolina? When someone dies, you must file any outstanding personal income tax returns for the decedent and, in some cases, file a return for the estate itself. In most North Carolina matters, the administrator relies on the Probate…
How Can I Confirm Whether an Estate Is Open and Obtain a Copy of the Will in Moore County, North Carolina? If you need to verify whether your father’s estate in Moore County has been opened and locate the original will, begin with the Clerk of Superior Court in Moore County. Under N.C. Gen. Stat.…
How do I confirm my North Carolina probate estate is officially closed and access the filings online? After your personal representative submits the final accounting and closing documents, the Clerk of Superior Court must approve and file them. North Carolina law (N.C. Gen. Stat. § 28A-13-4) requires a personal representative to render an accounting to…
What happens to a gift under a will when the named beneficiary dies before the testator in North Carolina? When a will names a beneficiary who predeceases the testator, North Carolina treats that gift as having “lapsed.” Instead of failing outright, N.C. Gen. Stat. § 31-42 applies an anti-lapse rule. Under this rule, if the…
FAQ: How can I pay for probate services and have fees reimbursed from the estate? If you’ve retained an attorney to administer an estate in Wake County or elsewhere in North Carolina, you may use estate assets to cover court costs, probate assistant fees and attorney fees. North Carolina law authorizes a personal representative to…
FAQ 1: How Do I Open an Intestate Estate Administration in Cleveland County, NC, as an Out-of-State Heir? If someone dies without a valid will in North Carolina, their property passes under the intestacy statutes. In Cleveland County, you must petition the Clerk of Superior Court to appoint an administrator and open the estate. As…
FAQ 1: What Happens When the Sole Beneficiary Under a Will Predeceases the Testator? Under North Carolina law, if a will names a sole beneficiary who dies before the testator (the person making the will), the gift “lapses” unless the will includes an alternate beneficiary or a residuary clause. In your mother’s situation, she left…
