Will a house sale go through if no probate was done when the co-owner passed away? – North Carolina Short Answer In North Carolina, if a deed lists co-owners without survivorship rights, the deceased co-owner’s share did not pass to the survivor. It passed at death to the decedent’s heirs or to the person named…
What paperwork do I need to open a limited estate administration for a quick property sale? – North Carolina Short Answer In North Carolina, you open a “limited estate administration” by filing a sworn affidavit (petition) with the Clerk of Superior Court in the decedent’s county of domicile asking to be appointed as a limited…
How can I appoint myself as personal representative to sell a house I co-owned with someone who died? – North Carolina Short Answer In North Carolina, you cannot “appoint yourself.” The Clerk of Superior Court appoints a personal representative (PR). As a non‑spouse co‑owner, you may qualify, but an heir of the deceased has priority…
Should I go ahead and pay the decedent’s final personal taxes now or wait for estate funds? – North Carolina Short Answer In North Carolina, personal representatives should not pay most debts (including the decedent’s final income taxes) until the three-month creditor window has closed and you confirm the estate is solvent. Because a substantial…
What happens if I have to bring a jointly owned house back into the estate to satisfy a creditor claim? – North Carolina Short Answer In North Carolina, if ordinary estate assets are not enough to pay allowed debts, the personal representative can ask the Clerk of Superior Court to subject the decedent’s real estate—…
How do I get reimbursed from the estate for the home expenses I’ve paid out of pocket? – North Carolina Short Answer In North Carolina, a personal representative can be reimbursed for necessary and reasonable expenses of administering the estate if the Clerk of Superior Court approves them. Submit detailed receipts with your next account…
What steps are needed to publish a probate notice of publication in North Carolina? Short Answer In North Carolina, a personal representative must publish a “Notice to Creditors” once a week for four consecutive weeks in a qualifying local newspaper and mail a copy to all known or reasonably ascertainable creditors within 75 days after…
How can I resign as guardian and properly close out a guardianship after a ward’s death? – North Carolina Short Answer In North Carolina, a guardianship ends when the ward dies, but you remain responsible until the Clerk of Superior Court approves your final account and discharges you. To resign and close the case, file…
What steps do I need to take to start probate for a deceased relative who had no will? – North Carolina Short Answer In North Carolina, you start an intestate estate by applying with the Clerk of Superior Court in the county where the decedent lived, asking to be appointed administrator, and posting any required…
What happens to a mortgaged home in probate if no one agrees to pay the mortgage or buy out other heirs? – North Carolina Short Answer In North Carolina, title to a decedent’s home passes to the heirs at death, and the mortgage lien stays with the property. If no heir pays the mortgage, the…
