Can I correct or reissue service if a respondent’s name was recorded incorrectly? – North Carolina Short Answer Yes. In a North Carolina estate proceeding, you can correct a misspelled or misstated respondent name and have the Clerk of Superior Court issue a corrected estate proceeding summons. If the wrong person was named, you must…
How can I protect my friend living in the house while I sort out the mortgage and probate process? – North Carolina Short Answer In North Carolina, the practical way to protect your friend is to open the estate and get appointed as the personal representative (executor). Once appointed, you can take control of the…
How do I track and confirm service of process in a probate matter? – North Carolina Short Answer In North Carolina estate proceedings, you prove service by filing the sheriff’s return of service or an affidavit with the delivery receipt if you served by certified mail or a designated delivery service. The Clerk of Superior…
How can I verify if the probate petition service was properly filed with the court? – North Carolina Short Answer In North Carolina estate proceedings, proof of service must be filed in the Clerk of Superior Court’s file, typically by the sheriff’s return of service or an affidavit with delivery receipts. If the clerk’s file…
Do I need a probate lawyer to transfer the house into my name and prevent eviction of my friend? – North Carolina Short Answer In North Carolina, you cannot retitle a solely owned house into your name until the will is probated. If you need to manage the home, deal with the mortgage, or protect…
Can I use my parent’s unpaid disability benefits to cover the mortgage payments on the house? – North Carolina Short Answer Not without authority. In North Carolina, any unpaid disability benefits that are payable to your parent’s estate must be collected and used by a duly appointed personal representative, and then only to pay valid…
How do I open probate for my parent’s estate when the only will I found is a decades-old handwritten note? – North Carolina Short Answer In North Carolina, you can open probate on a handwritten (holographic) will if it is entirely in your parent’s handwriting and signed. To admit it, you typically must provide three…
What happens if the mortgage company refuses to let me assume the mortgage after probate? – North Carolina Short Answer In North Carolina, you generally cannot force a lender to approve a loan assumption after the homeowner dies. If the lender refuses, payments can still be made and the property may be kept or sold…
Do I have to go to court or can everything be done remotely for a small estate? – North Carolina Short Answer In North Carolina, most small estates can be handled without a court hearing and often without going to the courthouse. If the estate’s personal property is within the small-estate limit and at least…
Can I use estate assets to pay legal and administrative fees in a small estate administration? – North Carolina Short Answer Yes. In North Carolina, reasonable and necessary costs of administering an estate (including attorney’s fees and court costs) are paid before other debts or distributions—even when using the small-estate “collection by affidavit” process. The…
