What’s the process to petition the court to appoint me as administrator when no probate was opened after 18 months? – North Carolina Short Answer In North Carolina, a person who has priority to serve (often the surviving spouse, then heirs) can ask the Clerk of Superior Court in the proper county to open an…
What steps can I take to find a missing 401(k) for an estate? – North Carolina Short Answer In North Carolina, a personal representative (executor) should do a structured search for a missing 401(k) by gathering the decedent’s records, contacting current and former employers and likely plan administrators, and checking for unclaimed property. If reasonable…
Can I require the financial institution to document transfers between the decedent’s personal account and the estate account? – North Carolina Short Answer In North Carolina, a personal representative (executor) can and should request complete account statements and transfer details needed to collect, value, and administer estate assets. Financial institutions and brokerages often will provide…
How do I reopen or contest a closed probate when an estate lien was overlooked? – North Carolina Short Answer In North Carolina, a closed estate can often be reopened by filing a petition with the Clerk of Superior Court when property was missed, a necessary act was left undone, or there is other proper…
In what order should the estate pay EMS or medical bills compared with taxes and funeral costs? – North Carolina Short Answer In North Carolina, a personal representative generally pays estate administration costs first, then certain secured (lien) claims, then limited funeral expenses, then certain burial/marker costs, then taxes, and only later pays most medical/EMS…
What assets automatically pass outside of probate when held in a joint account with right of survivorship? – North Carolina Short Answer In North Carolina, money in a true joint deposit account that includes a valid right of survivorship generally passes automatically to the surviving account owner at death, instead of becoming a probate estate…
How can I transfer estate assets to my sibling’s non-US spouse and handle tax requirements for cross-border transfers? – North Carolina Short Answer In North Carolina, an executor can usually distribute remaining estate cash to a non-U.S. spouse after the executor has collected estate assets, paid valid debts and expenses, completed required probate filings (including…
If we file a blank year’s allowance with a deficiency, what steps come next to retitle and sell the cars? – North Carolina Short Answer In North Carolina, a spousal year’s allowance is handled through the Clerk of Superior Court, who enters an order awarding specific personal property and, if the estate’s personal property is…
Is it legal to sell estate land before probate is officially closed? – North Carolina Short Answer Yes. In North Carolina, estate land can be sold before the estate is formally closed, but the authority and process depend on who has the power to sell and why the sale is needed. If the personal representative…
Do I need to accept a settlement with a short deadline, or can I wait until the estate is ready? – North Carolina Short Answer In North Carolina, an estate usually does not have to accept a creditor’s settlement offer just because the creditor sets a short expiration date. The personal representative can often wait…
