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…
Can I be appointed administrator of my child’s estate if no executor was named? – North Carolina Short Answer Yes, in North Carolina a parent often can be appointed as the administrator of a child’s estate when there is no valid will naming an executor. The Clerk of Superior Court (estate division) appoints an administrator…
How do I challenge the inventory values and compel documents and a full accounting of sales and deposits? – North Carolina Short Answer In North Carolina, an heir can ask the Clerk of Superior Court (Estates) to require the administrator to provide a complete, supportable inventory and a full accounting that shows all sales proceeds…
Can I require a buyout or force a partition of property co-owned with my aunt? – North Carolina Short Answer In North Carolina, a co-owner usually cannot be forced to “buy out” another co-owner just because one person wants to be done with the property. However, a co-owner (or sometimes an estate representative acting for…
