Category Archives: Probate Q&A Series

How do I draft and negotiate a family settlement agreement with my uncles to divide real property and satisfy conditional gifts?: Practical steps under North Carolina probate law

How do I draft and negotiate a family settlement agreement with my uncles to divide real property and satisfy conditional gifts? – North Carolina Short Answer In North Carolina, you can resolve estate distribution disputes with a written family settlement agreement, but the approval path depends on whether it changes the will’s distributions. If it…

What documentation and process are needed to recognize international probate in North Carolina?

What documentation and process are needed to recognize international probate in North Carolina? Short Answer North Carolina can recognize a will or probate order from another country by filing certified copies with the Clerk of Superior Court in the North Carolina county where the decedent owned property. The documents must be properly certified by a…

How can I recover estate expenses like travel, funeral costs, and legal fees in probate?

How can I recover estate expenses like travel, funeral costs, and legal fees in probate? – North Carolina Short Answer In North Carolina, an executor can be reimbursed for reasonable, necessary estate administration expenses that the Clerk of Superior Court approves. Legal fees tied to administering or protecting the estate are allowable if reasonable and…

Do I need the executor’s approval or a court order to claim or assign my share of the policy?

Do I need the executor’s approval or a court order to claim or assign my share of the policy? – North Carolina Short Answer In North Carolina, if you are a named beneficiary on a life insurance policy, you generally do not need the executor’s approval or a court order to claim your share; you…

How do I determine my rights as a co-beneficiary on a life insurance policy during probate?: North Carolina

How do I determine my rights as a co-beneficiary on a life insurance policy during probate? – North Carolina Short Answer In North Carolina, life insurance payable to a named beneficiary is generally a nonprobate asset, so the executor does not control it and the insurer pays the named beneficiaries directly. If the policy names…

Who handles choosing a buyer and approving an offer when a commissioner sells estate property with multiple heirs?

Who handles choosing a buyer and approving an offer when a commissioner sells estate property with multiple heirs? – North Carolina Short Answer In North Carolina, the court-appointed commissioner handles marketing the property and selecting a proposed buyer and terms, but no sale is final until the Clerk of Superior Court confirms it. For private…

How will the sale of the estate’s real property work and how do I get my one-third share after debts and fees?

How will the sale of the estate’s real property work and how do I get my one-third share after debts and fees? – North Carolina Short Answer In North Carolina, a personal representative (PR) may sell estate real estate to pay debts if doing so is in the estate’s best interest. The sale happens either…

Is there a deadline for creditors to file claims against my father’s estate and what if claims come in late?: North Carolina

Is there a deadline for creditors to file claims against my father’s estate and what if claims come in late? – North Carolina Short Answer Yes. In North Carolina, most creditors must present their claims by the date stated in the estate’s published Notice to Creditors (at least three months after first publication). If a…

What must I do to manage the mortgage and property expenses on the inherited house?

What must I do to manage the mortgage and property expenses on the inherited house? – North Carolina Short Answer In North Carolina, title to a decedent’s house vests in the heirs at death, and they are generally responsible for ongoing costs like the mortgage, taxes, and insurance. If you want the estate to pay…

How do I claim or waive the surviving spouse’s yearly allowance under intestacy?

How do I claim or waive the surviving spouse’s yearly allowance under intestacy? – North Carolina Short Answer In North Carolina, a surviving spouse can claim a $60,000 year’s allowance from the decedent’s personal property, regardless of whether there is a will, unless the spouse is disqualified or has waived the right. To claim, the…