Category Archives: Probate Q&A Series

How can I, as the administrator of my child’s estate, make the personal representative of the other estate turn over a vehicle and firearms that were specifically left to my child? NC

How can I, as the administrator of my child’s estate, make the personal representative of the other estate turn over a vehicle and firearms that were specifically left to my child? – North Carolina Short Answer In North Carolina, a personal representative generally must gather, safeguard, and then distribute estate property to the people named…

What steps can I take to recover estate assets the surviving spouse collected, like bank funds, pension benefits, and life insurance, if I wasn’t given proper notice? NC

What steps can I take to recover estate assets the surviving spouse collected, like bank funds, pension benefits, and life insurance, if I wasn’t given proper notice? – North Carolina Short Answer In North Carolina, the practical first step is to confirm whether the assets the surviving spouse collected were actually “estate assets” (controlled by…

How do I find out if the deceased had other loans, escrow accounts, or insurance tied to the mortgage? NC

How do I find out if the deceased had other loans, escrow accounts, or insurance tied to the mortgage? – North Carolina Short Answer In North Carolina, the cleanest way to confirm whether a deceased person had other loans, escrow accounts, or insurance tied to a mortgage is for the estate’s court-appointed Personal Representative to…

How can I make a reluctant sibling open probate and provide a full accounting to heirs? NC

How can I make a reluctant sibling open probate and provide a full accounting to heirs? – North Carolina Short Answer In North Carolina, if a sibling is controlling a parent’s estate affairs but will not open probate or share information, an heir can usually ask the Clerk of Superior Court (Estate Division) to get…

Which pages in a years-allowance application packet do I need to sign and have notarized? NC

Which pages in a year’s-allowance application packet do I need to sign and have notarized? – North Carolina Short Answer In North Carolina, the pages that usually must be signed (and often notarized) are the ones labeled as a verification, oath, or that say “sworn and subscribed” or “acknowledged before me”. In a typical year’s-allowance…

What filings are still needed to finish the estate when a notice to creditors was already published and assets like vehicles and the house are still in my parent’s name? NC

What filings are still needed to finish the estate when a notice to creditors was already published and assets like vehicles and the house are still in my parent’s name? – North Carolina Short Answer In North Carolina, publishing a Notice to Creditors is only one step. To finish an intestate estate and move assets…

What is an affidavit of domicile and why would a financial institution require it before releasing an account after death? NC

What is an affidavit of domicile and why would a financial institution require it before releasing an account after death? – North Carolina Short Answer In North Carolina, an affidavit of domicile is a sworn, notarized statement identifying where the person who died (the decedent) had a legal home (domicile) at the time of death.…

How do I figure out which county holds the death record if I’m unsure where the person died? NC

How do I figure out which county holds the death record if I’m unsure where the person died? – North Carolina Short Answer In North Carolina, the death certificate is usually filed in the county where the death happened. If the place of death is unknown, the record is filed in the county where the…

Do I need both a disclaimer and a deed, or will a recorded disclaimer alone clear title for future sale or refinancing? NC

Do I need both a disclaimer and a deed, or will a recorded disclaimer alone clear title for future sale or refinancing? – North Carolina Short Answer In North Carolina, a properly prepared, delivered, and recorded disclaimer can transfer the disclaimed inheritance as a matter of law, without the disclaiming heir signing a deed. That…

What happens if we can’t locate the original refund check, or it was already voided or lost? NC

What happens if we can’t locate the original refund check, or it was already voided or lost? – North Carolina Short Answer In North Carolina, a refund check that was issued in a decedent’s name can often be reissued to the estate even if the original check cannot be found or was already voided. Insurers…