Can a personal representative from another state open and manage an ancillary estate and appoint a local registered agent to receive filings? – North Carolina Short Answer Under North Carolina law, a personal representative who was appointed in another state may usually open and manage an ancillary estate here to deal with North Carolina real…
Can the personal representative release funds while waiting on a tax refund check, or must we hold all proceeds until taxes and creditor claims are resolved? – North Carolina Short Answer Under North Carolina probate law, a personal representative does not have to hold every dollar in the estate until the final tax refund arrives…
Do I need to file an estate income tax return before distributing funds, or is the decedent’s final tax return enough? – North Carolina Short Answer Under North Carolina law, the decedent’s final individual income tax returns are not always enough. If the estate earns more than minimal income or makes distributions during administration, the…
Is it improper for an appraiser to photograph personal documents during a home appraisal, and how do I file a complaint against the appraiser or listing agent? – North Carolina Short Answer In North Carolina, an appraiser hired in connection with an estate or sale may photograph parts of the property that affect value or…
What happens if an older deed mentions a life estate—do I need a death certificate or a corrective filing before closing? – North Carolina Short Answer In North Carolina, a life estate generally ends automatically when the life tenant dies, but the death usually must be documented in the land records before a clean title…
Who is allowed to request this correction, and do I need to be the next of kin or personal representative? – North Carolina Short Answer In North Carolina, a correction to a death certificate (including marital status) is requested through the vital records system, usually by someone with a direct legal or family connection to…
What problems can an incorrect marital status cause for probate, insurance, or property transfers? – North Carolina Short Answer In North Carolina, an incorrect marital status on a death certificate can create delays, extra legal steps, and disputes in probate, insurance claims, and property transfers. Many agencies and companies rely on the death certificate to…
How can I open the estate and get letters testamentary without having to go to the courthouse in person? – North Carolina Short Answer Under North Carolina law, an executor may usually open an estate and obtain letters testamentary without appearing in person, as long as the clerk of superior court in the county of…
Who is allowed to accept or forward mail and checks related to a deceased person’s estate? – North Carolina Short Answer In North Carolina, the court-appointed personal representative (executor or administrator) is the proper person to receive, control, and deposit mail and checks related to a deceased person’s estate. Heirs or relatives generally should not…
Who is allowed to request funeral home records or receipts during estate administration? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) is the primary person entitled to request funeral home records and receipts for estate administration. Heirs, beneficiaries, and creditors typically obtain this information indirectly by reviewing the personal…
