Category Archives: Probate Q&A Series

How can I negotiate or reduce the outstanding balance on a surrender-and-sale vehicle claim in probate?: Clear steps for North Carolina estates

How can I negotiate or reduce the outstanding balance on a surrender-and-sale vehicle claim in probate? – North Carolina Short Answer In North Carolina, the estate’s personal representative can negotiate, compromise, or reject a creditor’s vehicle deficiency claim. These claims are usually unsecured and paid only after higher-priority debts, which often creates room to settle…

What steps do I need to take to access and withdraw funds from my mother’s transferred 401(k)?: North Carolina probate guidance

What steps do I need to take to access and withdraw funds from my mother’s transferred 401(k)? – North Carolina Short Answer In North Carolina, a 401(k) that names you as beneficiary passes directly to you and is not a probate asset. To access it, submit the plan’s beneficiary claim forms, a certified death certificate,…

How do I get the county to reissue my appointment letter with the correct title?

How do I get the county to reissue my appointment letter with the correct title? – North Carolina Short Answer Ask the Clerk of Superior Court (Estates Division) in the county where the estate is open to correct and reissue your Letters with the proper title. If it’s a clerical title error (for example, changing…

How do I set up an estate bank account and obtain an EIN for probate administration?

How do I set up an estate bank account and obtain an EIN for probate administration? – North Carolina Short Answer In North Carolina, qualify with the Clerk of Superior Court and obtain your Letters before doing anything. Then apply for a federal Employer Identification Number (EIN) for the estate and use your Letters and…

What is a probate without qualification and do I need it to sell inherited real property?

What is a probate without qualification and do I need it to sell inherited real property? – North Carolina Short Answer In North Carolina, “probate without qualification” means the Clerk of Superior Court admits a will to probate but does not appoint a personal representative or issue Letters. It’s a record-only probate that establishes the…

How do I get a certified or exemplified copy of a will probated in another state?: North Carolina

How do I get a certified or exemplified copy of a will probated in another state? – North Carolina Short Answer In North Carolina, you can record an out-of-state will by filing a certified (or sometimes exemplified) copy of the will and the foreign probate order with the Clerk of Superior Court in the county…

Who needs to sign the ancillary probate documents if the executor lives out of state?

Who needs to sign the ancillary probate documents if the executor lives out of state? – North Carolina Short Answer In North Carolina, the person who files the out-of-state will for probate without qualification (the applicant or “propounder”) signs the paperwork. That signer is often the out-of-state executor, but it doesn’t have to be; a…

How can I pay state income taxes for an estate that has no available funds?: North Carolina guidance for insolvent estates and tax refunds

How can I pay state income taxes for an estate that has no available funds? – North Carolina Short Answer In North Carolina, you generally do not pay estate debts from your own pocket. The personal representative must pay valid claims in a strict priority order using estate assets. State income taxes are lower-priority than…

What should I do if a state tax refund check is made payable to both me and the deceased?

What should I do if a state tax refund check is made payable to both me and the deceased? – North Carolina Short Answer In North Carolina, a state income tax refund of $200 or less from a joint return belongs entirely to the surviving spouse. If the refund is more than $200, the spouse…

Can I deposit a decedent’s state tax refund into my personal account or must it go into the estate account?: Clear rules for North Carolina spouses and personal representatives

Can I deposit a decedent’s state tax refund into my personal account or must it go into the estate account? – North Carolina Short Answer In North Carolina, a decedent’s state income tax refund is partly or entirely an estate asset unless a specific spousal rule applies. If the North Carolina refund is $200 or…