What steps do I need to take to resolve a creditor’s claim on a repossessed vehicle before closing the estate? – North Carolina Short Answer In North Carolina probate, treat a repossessed car lender as a secured creditor only up to the value of the collateral; any leftover balance (deficiency) is an unsecured claim paid…
What happens if my probate accounting is rejected multiple times and I need to close the estate quickly? – North Carolina Short Answer In North Carolina, the Clerk audits every estate account and can require you to fix errors or provide receipts before approving a final accounting. If the final account is still unsatisfactory, the…
How can I confirm I’m receiving the correct net proceeds when selling an estate home? – North Carolina Short Answer In North Carolina, confirm your net proceeds by verifying that you have legal authority to sell, and then reviewing the closing attorney’s settlement statement built on a title search and written payoff letters. Check that…
What happens if a lien is mistakenly claimed on my property during the probate sale? – North Carolina Short Answer In North Carolina, a probate sale should not be delayed or reduced by a lien that does not exist in the public record. The closing attorney confirms all liens through a current title search; if…
How can I verify whether a judgment lien exists on estate property before closing? – North Carolina Short Answer In North Carolina, a judgment lien exists on real estate only if a money judgment is docketed with the Clerk of Superior Court in the county where the property sits. The lien lasts 10 years from…
Can I postpone a closing date if I discover discrepancies in sale documents? – North Carolina Short Answer Yes. In North Carolina estate sales, the personal representative has a duty to protect the estate and may delay closing to resolve title or settlement discrepancies. If the sale is a court‑authorized (judicial) sale, closing cannot occur…
Can I file a probate inventory listing only a small bank account and negligible personal items? – North Carolina Short Answer Yes. In North Carolina, a personal representative must file an inventory within three months of qualifying that lists all probate assets with date-of-death values. If the estate holds only a small bank account and…
How do I address a missed state inheritance tax return after the person’s death? – North Carolina Short Answer North Carolina does not impose a state inheritance or estate tax for people who died on or after January 1, 2013. If a state inheritance tax return was missed for another state (for example, where the…
What is the process to claim unclaimed property from another jurisdiction for the estate? – North Carolina Short Answer In North Carolina, the personal representative claims out-of-state unclaimed property by submitting an estate claim to that state’s unclaimed property office with proof of authority (fresh certified or exemplified Letters), the death certificate, and ownership documentation.…
Can I probate a copy of a will when the custodian won’t produce the original? – North Carolina Short Answer Yes. In North Carolina, you must first ask the Clerk of Superior Court to compel the person holding the will to produce it. If the original cannot be produced after a diligent search, you can…
