Who obtains the tax ID numbers for the testamentary trust and any subtrusts, and at what stage of probate should those be issued? – North Carolina Short Answer In North Carolina, the fiduciary who will act as trustee typically obtains the federal tax ID number (EIN) for a testamentary trust and for any separate sub-trusts…
Can I ask the court to prioritize pastdue child support over other creditor claims if there may not be enough to pay everyone? – North Carolina Short Answer In North Carolina probate, the order of payment is mostly set by statute, and a past-due child support claim usually does not automatically jump ahead of other…
What paperwork is required to gift the estate car once I have the title? – North Carolina Short Answer In North Carolina, once a personal representative has the original vehicle title, transferring (or “gifting”) an estate car usually requires the personal representative to sign the title to the new owner and submit it to the…
Can we avoid probate for assets with beneficiary or transfer-on-death designations? – North Carolina Short Answer Often, yes. In North Carolina, many assets with valid beneficiary, payable-on-death (POD), or transfer-on-death (TOD) designations pass directly to the named recipient and usually do not need to go through probate to transfer ownership. However, a court estate may…
How do I get my name on the obituary and estate notices so I’m recognized as an heir? – North Carolina Short Answer In North Carolina, being “recognized as an heir” for estate purposes usually comes from the probate file—not from an obituary. The way to get included in official estate notices is to make…
How can I update auto insurance and transfer the car title after my parent’s death? – North Carolina Short Answer In North Carolina, a deceased parent’s car title usually gets transferred by having the estate’s personal representative sign the existing title to the heir (or buyer) and submitting the paperwork to the N.C. Division of…
How can I petition the court to be appointed executor of my father’s estate? – North Carolina Short Answer In North Carolina, a person is appointed to manage an estate by applying to qualify as the estate’s personal representative through the Clerk of Superior Court in the proper county. If there is no will, the…
How can I enforce the life estate provisions in my parent’s will to remove unauthorized occupants? – North Carolina Short Answer In North Carolina, a life tenant generally has the right to possess the home during the life estate, and the remaindermen (the people who inherit after the life estate ends) usually cannot remove occupants…
How can I get the bankruptcy case dismissed so I can open probate on my parent’s estate? – North Carolina Short Answer In North Carolina, opening probate (getting letters of administration) happens through the Clerk of Superior Court, but dismissing a bankruptcy case is handled in federal bankruptcy court. If a house is tied up…
What authority do letters of administration grant me to access and manage estate accounts? – North Carolina Short Answer In North Carolina, letters of administration are the Clerk of Superior Court’s written proof that an administrator has been officially appointed to act for an estate. Once issued, they usually allow the administrator to identify and…
