How can I find out whether there is a will and who should handle the estate? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (the probate court) has exclusive authority over probating wills and appointing the person who handles an estate (the “personal representative”). A will is usually found in…
Can I ask creditors to pause collection efforts during probate, and how should I communicate with them? – North Carolina Short Answer Yes. In North Carolina probate, a personal representative can ask a creditor to pause collection activity while the estate is being administered, especially when payment depends on a pending sale or a clerk-authorized…
What documents do I need to collect a small stock account, and will the brokerage accept a small‑estate affidavit? – North Carolina Short Answer In North Carolina, a brokerage may accept an Affidavit for Collection of Personal Property (a small-estate affidavit) if the estate qualifies under the small-estate limits and at least 30 days have…
Should I keep homeowners coverage on a vacant property during probate, and is a different type of policy required? – North Carolina Short Answer In North Carolina, it is usually wise to keep insurance in place on a house during probate, even if it is vacant, because a loss (fire, vandalism, liability claim) can reduce…
What documents are needed? – North Carolina Short Answer In North Carolina, reopening a closed estate usually requires a petition to reopen filed with the Clerk of Superior Court, plus paperwork that allows a personal representative to be (re)appointed and receive updated letters. In a wrongful death case, the key “working” document is current Letters…
What does an executor do in probate, and how is that different from a beneficiary’s role? – North Carolina Short Answer In North Carolina probate, an executor (also called a “personal representative”) is the court-authorized person who gathers the estate’s assets, pays valid debts and expenses, files required paperwork with the Clerk of Superior Court,…
What happens to a quitclaim deed recorded by someone else if the estate was never probated and we complete probate now? – North Carolina Short Answer In North Carolina, recording a quitclaim deed does not create ownership by itself. If the person who signed that quitclaim deed did not actually own the property (or did…
Does a house held in a revocable trust stay outside probate, and how does that affect creditor claims against the estate? – North Carolina Short Answer In North Carolina, a house titled in a revocable living trust is usually a non‑probate asset, meaning it can often be managed or transferred by the trustee without opening…
Can I stop automatic withdrawals and close cards linked to the deceased while probate is pending? – North Carolina Short Answer In North Carolina, automatic withdrawals and cards tied to a deceased person’s accounts usually can be stopped, but the ability to do it depends on who has legal authority over the account. Before a…
Can the bank freeze or close accounts during the estate process, and how can I access funds needed for urgent expenses? – North Carolina Short Answer In North Carolina, a bank will often restrict (and sometimes close) a deceased person’s individual accounts once it learns of the death, until someone has legal authority to act…
