Category Archives: Probate Q&A Series

Can I sell the vehicles I’ve already retitled to my name now, and how should I handle vehicles that are only in my spouse’s name or have signed titles from prior sellers that were never registered? nc

Can I sell the vehicles I’ve already retitled to my name now, and how should I handle vehicles that are only in my spouse’s name or have signed titles from prior sellers that were never registered? – North Carolina Short Answer In North Carolina, a vehicle that is already titled in the surviving spouse’s name…

Is there a faster way to retitle multiple estate vehicles without repeated trips to the DMV? nc

Is there a faster way to retitle multiple estate vehicles without repeated trips to the DMV? – North Carolina Short Answer Yes. In North Carolina, a personal representative (executor/administrator) can usually retitle multiple estate vehicles by preparing the title-transfer packet for each vehicle and submitting them together by mail to DMV headquarters, instead of making…

In what order are funeral costs, taxes, and unsecured debts paid, and when—if ever—could beneficiaries receive anything? nc

In what order are funeral costs, taxes, and unsecured debts paid, and when—if ever—could beneficiaries receive anything? – North Carolina Short Answer In North Carolina, an estate generally pays administration costs and certain family allowances first, then pays claims in a statutory priority order. Funeral expenses receive a limited priority amount, taxes are paid in…

What can I do to stop the apartment complex from clearing out or disposing of the belongings? nc

What can I do to stop the apartment complex from clearing out or disposing of the belongings? – North Carolina Short Answer In North Carolina, the most effective way to stop an apartment complex from clearing out or disposing of a deceased tenant’s belongings is to quickly create clear legal authority for someone to take…

How do I get court papers that authorize me to handle the estate so the bank will work with me? nc

How do I get court papers that authorize me to handle the estate so the bank will work with me? – North Carolina Short Answer In North Carolina, banks usually require “Letters Testamentary” (if there is a will naming an executor) or “Letters of Administration” (if there is no will or no executor can serve).…

What are the steps to publish the notice to creditors and close the estate on a simple timeline? nc

What are the steps to publish the notice to creditors and close the estate on a simple timeline? – North Carolina Short Answer In North Carolina, a personal representative (executor) generally publishes a Notice to Creditors early in the estate, then waits out the creditor period before making final distributions and filing a final accounting…

Can an executor move estate property into their own name before the estate is settled, and how do we challenge those transfers? – nc

Can an executor move estate property into their own name before the estate is settled, and how do we challenge those transfers? – North Carolina Short Answer In North Carolina, an executor (personal representative) generally cannot transfer estate property into the executor’s own name for personal benefit before the estate is settled. The executor owes…

Can journal entries be used like a holographic will to show our parent wanted the children to inherit the home? nc

Can journal entries be used like a holographic will to show our parent wanted the children to inherit the home? – North Carolina Short Answer Sometimes, but only if the journal entry itself qualifies as a valid holographic (handwritten) will under North Carolina law. A journal entry that merely describes wishes or plans usually does…

How can I report a realtor who may have steered my sale to friends and refused to show or consider other offers, and what evidence should I collect? nc

How can I report a realtor who may have steered my sale to friends and refused to show or consider other offers, and what evidence should I collect? – North Carolina Short Answer In North Carolina, suspected misconduct by a real estate broker (including failing to present offers, undisclosed conflicts, or other dishonest dealing) can…

How do I get access to my deceased parent’s mail if delivery was stopped and a sibling at the property hasn’t been checking it? nc

How do I get access to my deceased parent’s mail if delivery was stopped and a sibling at the property hasn’t been checking it? – North Carolina Short Answer In North Carolina, the cleanest way to get access to a deceased parent’s held or stopped mail is to have a court-appointed personal representative (executor or…