How do I obtain the probate file and orders if the court clerk refuses to provide details? – North Carolina Short Answer In North Carolina, most estate files (including the will, applications, inventories, accountings, and the clerk’s written orders) are court records kept by the Clerk of Superior Court and are usually available for inspection…
If the ex previously signed an agreement waiving rights to property, can they still demand access or remove belongings? – North Carolina Short Answer Usually not. In North Carolina, a written waiver can bar an ex-partner (or even a surviving spouse, depending on the document) from claiming rights in a decedent’s property through the estate,…
Who can serve as the estate administrator when there is no spouse, and how do renunciations from the other parents or guardians work? – North Carolina Short Answer In North Carolina, when someone dies without a will and there is no surviving spouse, the Clerk of Superior Court generally appoints an administrator based on a…
Can I resubmit an amended death certificate to Medicare without court filings? – North Carolina Short Answer Often, yes. In North Carolina, correcting (amending) a death certificate is usually handled through Vital Records by a request for amendment, not through a court case. But even if Medicare or a provider can accept an amended death…
How can I find out whether a timeshare is deeded or non-deeded? – North Carolina Short Answer In North Carolina, the quickest way to tell is to check the county Register of Deeds records where the timeshare is located. A deeded timeshare (a “timeshare estate”) is treated as an interest in real estate and is…
Can interest and fees continue after death, and how do I dispute them? – North Carolina Short Answer Yes. In North Carolina, a credit card account can keep accruing interest and contract-based fees after the cardholder’s death until the debt is paid, settled, or otherwise resolved through the estate process. However, the estate (through the…
Can I keep a trailer from the estate, and do I need court approval or extra paperwork to do that? – North Carolina Short Answer In North Carolina, a personal representative can usually distribute estate property (including a trailer) to an heir or beneficiary as part of the administration, but the personal representative must follow…
Can creditors actually claw back funds from a joint account after I file the inventory? – North Carolina Short Answer Yes—under North Carolina law, funds in a joint account with right of survivorship can still be pulled back into the estate to pay certain estate obligations, including valid creditor claims, if the probate estate does…
What proof counts as a satisfaction of claim if the creditor won’t issue a letter but cashes the check? – North Carolina Short Answer In North Carolina estate administration, a creditor cashing an estate check is often strong practical proof that the claim was paid, especially when paired with clear payment documentation (copy of the…
What’s the process to close a decedent’s out-of-state bank account and transfer the funds into the estate account? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) typically closes a decedent’s bank account by presenting certified Letters (Letters Testamentary or Letters of Administration) and a certified death certificate to the…
