Can the personal representative disqualify me from inheriting by claiming I abandoned the deceased or the family? – North Carolina Short Answer Sometimes, but only in specific situations recognized by North Carolina law. “Abandonment” is not a general, all-purpose reason a personal representative can use to cut an heir out of an intestate estate. In…
What is a probate petition, and what does it need to include for the court to accept it? – North Carolina Short Answer In North Carolina, a probate petition is a written request filed with the Clerk of Superior Court (the probate court) asking the court to take a specific action in an estate matter,…
What should an estate representative do if they can’t find the creditor’s contact information to discuss the claim? – North Carolina Short Answer In North Carolina, an estate’s personal representative should not guess where to send payments or claim questions. The practical and legal-safe approach is to (1) confirm whether the creditor is a “known…
How do I find out what filings or orders the court has issued so far in the probate case and what the next steps are? – North Carolina Short Answer In North Carolina, most probate “court” activity happens in the estate file maintained by the Clerk of Superior Court. The most direct way to see…
Who gets to be in charge of the estate if there isn’t a new will, and can a parent of the deceased be appointed over the surviving spouse or the child’s parent? – North Carolina Short Answer In North Carolina, when someone dies without a valid will (or when no will is offered for probate),…
What proof do I need to show I’m a legal child and heir if the deceased parent is not listed on my birth certificate? – North Carolina Short Answer In North Carolina, a missing parent name on a birth certificate does not automatically prevent a child from inheriting, but it often means extra proof is…
How do I confirm whether anything new has been filed in the probate case since the last copy was issued? – North Carolina Short Answer In North Carolina, the most reliable way to confirm whether anything new has been filed in an estate (probate) case is to check the estate file with the Clerk of…
Can the estate pay a deceased person’s medical bill, and what proof does the court usually require? – North Carolina Short Answer Yes. In North Carolina, a personal representative (executor or administrator) can pay a deceased person’s valid medical bill from estate funds, as long as the bill is a proper claim against the estate…
What documents do I need to provide to discuss payments connected to an estate? – North Carolina Short Answer In North Carolina, the key documents for a payment-focused estate discussion are (1) proof of authority to act for the estate, (2) a clear list of estate assets and debts, and (3) records showing what has…
Can I sue a co-executor for hiding a will or not filing it for probate when they were supposed to? – North Carolina Short Answer Possibly, but in North Carolina the fastest and most common first step is usually to involve the Clerk of Superior Court (the estate court) to get the will produced and…
