What is the proper way to endorse a refund check made payable only to the decedent for deposit into the estate account?: North Carolina

What is the proper way to endorse a refund check made payable only to the decedent for deposit into the estate account? – North Carolina Short Answer The executor may endorse and deposit a check payable to the decedent once formally qualified and after opening an estate account. Use a restrictive endorsement that shows fiduciary…

How do I determine whether to liquidate assets in the testamentary trust or retain them for future distributions?: Practical guidance under North Carolina probate law

How do I determine whether to liquidate assets in the testamentary trust or retain them for future distributions? – North Carolina Short Answer In North Carolina, start with the will and trust terms. If they are silent, a trustee decides whether to sell or hold under the prudent investor rule, with a duty to diversify…

What are the steps to settle debts and distribute real property in a small probate estate?: A North Carolina guide for heirs

What are the steps to settle debts and distribute real property in a small probate estate? – North Carolina Short Answer In North Carolina, small-estate procedures can help collect and distribute personal property, but real estate follows different rules. Title to real property vests in the heirs at death; however, if the estate needs cash…

How can my sibling get legal guardianship for our minor sibling to manage their inheritance?: North Carolina guidance

How can my sibling get legal guardianship for our minor sibling to manage their inheritance? – North Carolina Short Answer In North Carolina, your sibling can petition the Clerk of Superior Court in the minor’s home county to be appointed guardian of the estate (or general guardian) to manage the minor’s inheritance. The guardian must…

Can legal and creditor fees be paid from the estate before heirs receive their inheritance?: North Carolina Probate

Can legal and creditor fees be paid from the estate before heirs receive their inheritance? – North Carolina Short Answer Yes. In North Carolina, estate funds pay the costs of administration (including reasonable attorney’s fees) and valid creditor claims before heirs receive anything. After you publish and send the required notice to creditors, claims are…

How do I get a certified probate packet from another state if I lost the original?: Practical steps under North Carolina law

How do I get a certified probate packet from another state if I lost the original? – North Carolina Short Answer Ask the court that handled your parents’ estate in their home state to issue authenticated (certified or exemplified) copies of the will and probate orders. North Carolina can accept those authenticated copies to either…

Do I have to open a probate proceeding in North Carolina when my parents’ estate was probated elsewhere years ago?

Do I have to open a probate proceeding in North Carolina when my parents’ estate was probated elsewhere years ago? – North Carolina Short Answer Usually, yes—if you are selling North Carolina real estate from an out-of-state decedent, you must either probate the out-of-state will in North Carolina or open an ancillary estate here. North…