Category Archives: Probate Q&A Series

What type of authorization does a healthcare provider require to release a decedent’s account information?: North Carolina guidance for estate representatives

What type of authorization does a healthcare provider require to release a decedent’s account information? – North Carolina Short Answer In North Carolina, a healthcare provider will typically release a deceased patient’s billing or account information to the estate’s duly appointed personal representative (executor or administrator) upon receiving (1) certified Letters Testamentary or Letters of…

Can I request a decedent’s outstanding medical balance without completing full probate?: North Carolina

Can I request a decedent’s outstanding medical balance without completing full probate? – North Carolina Short Answer Yes, but you need legal authority recognized in North Carolina to act for the estate. Many providers will release billing information only to someone who presents Letters (executor/administrator) or comparable court authority, or a valid authorization from the…

How can I obtain a deceased person’s medical billing records as estate representative?: Practical steps under North Carolina probate

How can I obtain a deceased person’s medical billing records as estate representative? – North Carolina Short Answer In North Carolina, a duly appointed personal representative (executor or administrator) may obtain a decedent’s medical billing records by giving the provider proof of appointment (Letters) and, if requested, a HIPAA-compliant authorization signed by the personal representative.…

Do I need a formal letter of appointment as executor before accessing a patient’s billing details?: North Carolina

Do I need a formal letter of appointment as executor before accessing a patient’s billing details? – North Carolina Short Answer Yes. In North Carolina, you typically must be formally appointed by the Clerk of Superior Court and present your Letters Testamentary (executor) or Letters of Administration (administrator) before a healthcare provider will release a…

How do I manage or sell the other parcels of land in the estate to pay off debts and avoid losing the property?

How do I manage or sell the other parcels of land in the estate to pay off debts and avoid losing the property? – North Carolina Short Answer In North Carolina, only a court‑appointed personal representative (PR) can manage or sell estate real estate to pay debts. After qualifying as PR, you file a special…

What steps can I take to stop the foreclosure sale on decedent’s home while the estate remains unopened?: North Carolina guidance

What steps can I take to stop the foreclosure sale on decedent’s home while the estate remains unopened? – North Carolina Short Answer In North Carolina, you can try to pause a foreclosure by (1) getting someone quickly appointed to act for the estate (a personal representative or a temporary “collector”), (2) asking the Clerk…

Am I entitled to reimbursement from the estate for the bills and expenses I’ve paid out of pocket?

Am I entitled to reimbursement from the estate for the bills and expenses I’ve paid out of pocket? – North Carolina Short Answer Often, yes. In North Carolina, someone who pays reasonable, necessary costs to preserve estate assets or cover the decedent’s debts may seek reimbursement by filing a written claim with the estate. Claims…

Can I sign an affidavit to confirm the handwriting on my spouse’s will?

Can I sign an affidavit to confirm the handwriting on my spouse’s will? – North Carolina Short Answer Yes. In North Carolina, when an attested will is not self-proved and the subscribing witnesses are unavailable (for example, because they have died), the Clerk of Superior Court may accept affidavits from people familiar with the handwriting…

How can I handle a debt discharge with the SBA that creates taxable income for my estate?: Practical steps under North Carolina probate law

How can I handle a debt discharge with the SBA that creates taxable income for my estate? – North Carolina Short Answer In North Carolina, a personal representative must pay estate expenses in the statutory order, with costs of administration first and federal claims (like an SBA claim) high in priority. A debt discharge can…

What steps do I need to prepare and file estate and corporate tax returns after a debt discharge?: Practical steps for North Carolina estates with closely held business interests

What steps do I need to prepare and file estate and corporate tax returns after a debt discharge? – North Carolina Short Answer In North Carolina, the personal representative must gather prior tax records, determine where any cancellation of debt income belongs (estate vs. company), and file the decedent’s final individual returns and the estate’s…