How do I find out whether the house was marital property or separate property, and why does that matter for inheritance? – North Carolina Short Answer In North Carolina, the fastest way to tell whether a house is “marital” or “separate” for inheritance purposes is to start with the deed: if the house is titled…
What happens in probate if there are multiple properties and I’m not sure which ones are titled in my parent’s name? – North Carolina Short Answer In North Carolina probate, the personal representative must identify (often called “discover” or “marshal”) the decedent’s assets and report them to the Clerk of Superior Court, including any real…
How long does the probate process usually take when there is also a trust involved? – North Carolina Short Answer In North Carolina, probate often takes months, and many estates take around a year or longer to fully close—especially if there are creditor issues, real estate, or disputes. A trust can shorten what must go…
How do I get a will and other estate documents to a lawyer if the files are too large to email? – North Carolina Short Answer In North Carolina, large estate-document files are usually sent to a law firm through a secure client portal link, a secure file-sharing service, or by delivering paper originals and…
How do I find out what property, land, and bank accounts were in the estate at the time of death? – North Carolina Short Answer In North Carolina, the most reliable starting point is the estate file at the Clerk of Superior Court (Estates Division) in the county where the person lived at death. If…
If the administrator is removed, how does the court decide who gets appointed next, and can another heir step in as administrator? – North Carolina Short Answer In North Carolina, if a personal representative (often called an “administrator” or “executor”) is removed, the Clerk of Superior Court typically appoints a successor using the same priority…
Do we have to include a vehicle in the estate inventory if it’s not currently in anyone’s possession? – North Carolina Short Answer Usually, yes. In North Carolina estate administration, a vehicle should generally be listed on the estate inventory if it was owned by the decedent at death and is part of the probate…
How do I calculate the personal representative’s commission correctly for an estate administration? – North Carolina Short Answer In North Carolina, a personal representative’s commission is set by the Clerk of Superior Court and is usually calculated as a percentage (up to a statutory maximum) of the estate’s commissionable receipts and commissionable disbursements. The most…
What does it mean when a law firm requests Medicaid documents during an estate case? – North Carolina Short Answer In a North Carolina estate administration, a law firm usually requests Medicaid documents to confirm whether the State has a valid Medicaid Estate Recovery claim that must be addressed before the estate can close and…
What happens next after the court responds about a vehicle transfer request? – North Carolina Short Answer In North Carolina, the next step usually depends on what the Clerk of Superior Court “responded” with—either a request to fix or add documents, or a signed certificate/affidavit that can be taken to the NCDMV to retitle the…
