Can I ask the court for more time in probate, and what should I include in the request? – North Carolina Short Answer Yes. In North Carolina probate, the Clerk of Superior Court can allow additional time to file required estate paperwork, including the estate inventory, when there is a practical reason the inventory cannot…
Can an executor get paid for their time, and what if the will says the executor can’t charge a fee? – North Carolina Short Answer In North Carolina, an executor (called a “personal representative”) can usually be paid a commission for time and responsibility, but the amount is not automatic and typically requires approval by…
How can I protect myself as the personal representative when selling estate property so other heirs or creditors can’t accuse me of selling it too cheap? – North Carolina Short Answer In North Carolina, a personal representative can reduce “sold too cheap” accusations by using a documented, arms-length sale process and (when required) the court-supervised…
What happens if there are other heirs who may have a claim to the house before it can be sold? – North Carolina Short Answer In North Carolina, when a parent dies without a will, the house usually passes to the legal heirs under the intestate succession rules, often as shared ownership. If other heirs…
What happens to a house in an intestate estate if no relatives can be located or no one wants the property? – North Carolina Short Answer In North Carolina, if a person dies without a will and there are no heirs who can legally inherit (or no heirs can be found after a proper search),…
What rights do beneficiaries have to information about the estate’s bank accounts, car, and other assets before probate is opened? – North Carolina Short Answer In North Carolina, beneficiaries usually have limited enforceable rights to estate asset information before a probate estate is opened, because no personal representative has legal authority (or court-supervised duties) until…
What documents do I need to provide to confirm an asset is not in the deceased person’s name? – North Carolina Short Answer In North Carolina estate administration, the most persuasive way to confirm an asset is not in the deceased person’s name is to provide a current ownership record from the institution or registry…
What happens during the creditor notice period, and can it delay selling the house? – North Carolina Short Answer In North Carolina estate administration, the “creditor notice period” is the window after the personal representative publishes the required notice to creditors, giving creditors time to present claims against the estate. It can delay selling the…
If the property avoids probate, what steps are needed to close out the estate matter with the law firm? – North Carolina Short Answer In North Carolina, if the main asset (like a home) already transferred out of the parent’s name before death, a full probate estate may not be needed. To close out the…
After I sign and get it witnessed, what is the proper way to submit the receipt and refunding agreement? – North Carolina Short Answer In North Carolina, a signed receipt and refunding agreement is typically returned to the estate’s personal representative (or the attorney handling the estate) so it can be kept in the estate…
