How quickly do I need to start the estate process, and what happens if I wait? – North Carolina Short Answer In North Carolina, there is not one universal deadline that forces every family to “open probate” immediately after a death. But waiting often creates practical problems (no legal authority to access accounts, sell property,…
How do I get an insurance refund check reissued in the name of a deceased person’s estate instead of the deceased person? – North Carolina Short Answer In North Carolina, an insurance company will usually reissue a premium refund payable to the deceased person’s estate (or to the estate’s personal representative) after it receives proof…
How do I challenge a will I believe was forged or signed without proper witnesses? – North Carolina Short Answer In North Carolina, the usual way to challenge a will for forgery or improper witnessing is to file a caveat in the decedent’s estate file with the Clerk of Superior Court. A caveat must generally…
How do I find out whether my parent had a will and what it says? – North Carolina Short Answer In North Carolina, the most reliable way to find out whether a parent had a will (and what it says) is to check whether the will has been filed with the Clerk of Superior Court…
Will it cause problems if some of my personal deposits or business funds accidentally went into the deceased person’s account before it was closed? – North Carolina Short Answer It can cause problems in a North Carolina estate administration if personal or business money is mixed into a deceased person’s bank account, but it is…
What can I do if a property that was supposed to be part of my inheritance was sold and I never received anything? – North Carolina Short Answer In North Carolina, an executor (also called a personal representative) must gather estate assets, pay valid debts, and then distribute what is left to the people entitled…
What happens if a secured creditor starts foreclosure while the estate is trying to sell the property through probate? – North Carolina Short Answer In North Carolina, a secured creditor (like a deed-of-trust lender) can usually keep moving forward with foreclosure even while an estate is trying to sell the property through probate. A probate…
If the surviving spouse hasn’t filed for the spousal allowance yet, can estate money still be used for funeral costs, court costs, or other expenses? – North Carolina Short Answer Yes. In North Carolina, a personal representative (including co-administrators) can usually use estate funds to pay reasonable funeral expenses and the costs of administering the…
How do I join the remote hearing for the estate special proceeding if I didn’t receive the link? – North Carolina Short Answer In North Carolina, most estate “special proceedings” are heard by the Clerk of Superior Court, and remote hearings are typically joined using the connection information provided in the hearing notice or by…
Can a spouse who initially wanted no involvement later challenge the estate administration or the settlement distribution? – North Carolina Short Answer Yes—under North Carolina law, a surviving spouse who is an intestate heir can sometimes challenge what happened in an estate administration or how wrongful-death settlement proceeds were distributed, especially if required notice was…
