How do I find out who is allowed to serve as the person in charge of the estate? – North Carolina Short Answer In North Carolina, the “person in charge of the estate” is the personal representative (called an executor if there is a will, or an administrator if there is no will). The Clerk…
Can family members challenge a will that leaves most personal property to non-family friends and seems unclear about who gets what? – North Carolina Short Answer Yes. In North Carolina, family members (and others) with a financial stake in the estate can challenge a will’s validity by filing a “caveat” after the will is probated,…
If my relative died without a will and someone else is on the deed, do we still need probate to keep the house? – North Carolina Short Answer In North Carolina, probate may or may not be needed, depending on how the deed is titled. If the deed created a right of survivorship, the home…
Can I get a death certificate as a family member, and do I need it to transfer the property? – North Carolina Short Answer In North Carolina, many family members can request a certified copy of a death certificate, including a spouse, sibling, direct ancestor, or direct descendant. A death certificate is often needed to…
If there is no will, how is a surviving spouse supposed to receive the deceased spouse’s money and property? – North Carolina Short Answer In North Carolina, if a spouse dies without a will, the surviving spouse does not automatically receive everything. The surviving spouse receives an “intestate share” set by statute, and property titled…
Do I still need to publish a notice to creditors in a small estate, and how long do creditors have to make claims? – North Carolina Short Answer In North Carolina, a “small estate” process does not automatically eliminate creditor-notice issues. In many estates, publishing (and sometimes also mailing) a notice to creditors is what…
If a logging or forestry contract was signed before the death but work happened after, do the proceeds go to the estate or directly to the heirs? – North Carolina Short Answer In North Carolina, the answer usually turns on what the contract actually sold and when the right to payment became fixed. If the…
Can a trustee legally withhold distributions unless I sign a settlement or release agreement? – North Carolina Short Answer Sometimes a North Carolina trustee can ask a beneficiary to sign a receipt, refunding agreement, or a narrowly tailored release as part of making a distribution, especially when the trustee is trying to close out an…
What court documents do I need to access or close a deceased parent’s bank accounts? – North Carolina Short Answer In North Carolina, banks typically require court-issued authority before they will disclose details, allow access, or close a deceased parent’s accounts. The most common documents are certified Letters Testamentary (if there is a will) or…
Can I keep living in the home and keep paying the mortgage while the estate is being handled? – North Carolina Short Answer Often, yes—someone already living in the home can usually stay there and keep making mortgage payments while a North Carolina estate is being administered, but only if that occupancy does not interfere…
