As the administrator, can I file a lawsuit or special proceeding to force my relative to account for and return assets and records? – North Carolina Short Answer Yes. In North Carolina, an estate administrator (personal representative) can bring an estate proceeding before the Clerk of Superior Court to examine a person who is reasonably…
How do I start probate and what documents will I need to file? – North Carolina Short Answer In North Carolina, probate (opening an estate) usually starts by filing the decedent’s original will (if there is one) and an application to be appointed as the personal representative with the Clerk of Superior Court in the…
What steps do I need to take to sell inherited real estate with a mortgage during probate, and do we have to wait until the creditor notice period ends? – North Carolina Short Answer In North Carolina, an administrator can usually move forward with a probate sale of inherited real estate (even if it has…
How do I fix it if the clerk rejects my notarized signature style on a year’s allowance filing? – North Carolina Short Answer In North Carolina, a year’s allowance request must be filed as a verified petition with the Clerk of Superior Court. If the clerk rejects the filing because the signature style does not…
What is a Year’s Allowance and who qualifies for it? – North Carolina Short Answer In North Carolina, a Years Allowance is a statutory family allowance paid from a decedents cash or other personal property (not real estate) to help support certain family members for one year after the death. A surviving spouse generally qualifies…
Do we need court appointment papers or other probate documents before any due diligence funds can be released? – North Carolina Short Answer Usually, yes. In North Carolina, a closing attorney will typically require proof that someone has legal authority to act for the estate (most often “Letters Testamentary” or “Letters of Administration”) before releasing…
After the deed transfers to me, what are my options to assume, pay off, or remove liens and UCC filings so I can keep or sell the house? – North Carolina Short Answer In North Carolina, a deed transfer to an heir or devisee does not automatically remove mortgages, deeds of trust, judgment liens, or…
Do I need to reopen the estate case to record the deed that wasn’t done during probate? – North Carolina Short Answer Sometimes. In North Carolina, reopening the estate is often the cleanest way to fix a missed deed or other unfinished real estate task when the personal representative has already been discharged. The Clerk…
What does electing a non-calendar fiscal year for an estate mean and how does it affect tax deadlines and filings? – North Carolina Short Answer In North Carolina, an estate can generally choose an accounting and tax year that is not the calendar year (a “fiscal year”). Electing a non-calendar fiscal year mainly changes when…
How can I challenge a personal representative’s appointment when there’s suspected undue influence? – North Carolina Short Answer In North Carolina, an “interested person” can challenge a personal representative’s appointment by asking the Clerk of Superior Court (the probate court) to revoke the personal representative’s letters. The challenge usually focuses on whether the person was…
