How do I access my parent’s retirement account records if I am not listed as the beneficiary? – North Carolina Short Answer In North Carolina, retirement accounts usually pass directly to the named beneficiary and are not part of the probate estate. If you are not the listed beneficiary, the institution will not release details…
How can I find and access any US bank accounts my parent held after dying overseas? – North Carolina Short Answer In North Carolina, banks will not release account information or funds until someone has legal authority—typically Letters of Administration (intestate) or Letters Testamentary (with a will). If the decedent was not a North Carolina…
Do I need to open probate just to find out what assets exist in the estate? – North Carolina Short Answer Often, yes—you need legal authority (like Letters of Administration) or a court order to obtain confidential asset information from banks and retirement administrators in North Carolina. Two common routes are: (1) qualify as the…
How do I ensure my siblings reimburse me for expenses I cover during probate? – North Carolina Short Answer In North Carolina, reasonable and necessary costs of administering and preserving the estate are paid from estate assets ahead of most other claims. To ensure reimbursement, either serve as the personal representative and pay from an…
Can I use a small estate affidavit if my parent’s estate assets are limited? – North Carolina Short Answer In North Carolina, a small estate affidavit can be used to collect a decedent’s personal property if the net personal property is $20,000 or less (or $30,000 only if the surviving spouse is the sole heir).…
What happens if I wait the required period instead of opening probate to sell my parent’s house? – North Carolina Short Answer In North Carolina, heirs own a decedent’s house at death, but the home remains subject to estate debts. If you sell within two years of death, the sale is vulnerable to estate creditors…
Can I distribute estate funds early to cover repairs or debts before probate closes? – North Carolina Short Answer Yes, but move carefully. In North Carolina, an executor may pay valid estate expenses and some claims during administration, and even before the creditor claim window ends, if estate assets will clearly cover all claims and…
What are the risks of mixing personal and estate funds during probate administration? – North Carolina Short Answer In North Carolina, a personal representative must keep estate money completely separate from personal funds. Mixing funds (commingling) risks personal liability for losses, disallowed reimbursements, reduced or denied commissions, removal by the Clerk of Superior Court, and…
How do I prepare and file an inventory and appraisal for my loved one’s probate estate? – North Carolina Short Answer In North Carolina, the executor must file a detailed inventory of the estate’s assets with the Clerk of Superior Court within three months of qualifying. List each asset with its fair market value as…
What steps can I take to remove my sibling as power of attorney and protect my parent’s assets? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to order an accounting from the agent under a power of attorney and, if needed, seek court orders to limit, suspend,…
