Can I recover notary or closing costs from estate funds when selling property? – North Carolina Short Answer Yes—if the expenses are reasonable, necessary to administer the estate, and the sale is handled under the personal representative’s authority, North Carolina law allows reimbursement from estate funds subject to the Clerk of Superior Court’s approval. If…
What are my rights if the executor delays managing estate assets? – North Carolina Short Answer In North Carolina, if the named executor does not file the will or seek appointment, an interested person (such as a devisee) can offer the will for probate after 60 days and ask to be appointed. Once the will…
Can I begin paying mortgage obligations on inherited properties before probate is complete? – North Carolina Short Answer Yes, you can make mortgage payments to keep properties current, but you should not transact on behalf of the estate until someone is officially appointed by the Clerk of Superior Court. In North Carolina, heirs or devisees…
How can I compel the executor to file the will and start probate? – North Carolina Short Answer In North Carolina, if the named executor has not applied to probate the will within 60 days of death, any devisee or other interested person may apply for probate after giving the executor 10 days’ notice. If…
What steps are needed to sell our inherited home in probate and split the proceeds with my sibling? – North Carolina Short Answer In North Carolina, open the estate and have a personal representative (administrator) appointed by the Clerk of Superior Court. Publish and mail a Notice to Creditors, then either: (1) have the administrator…
How are my father’s debts like credit card and retailer balances paid from estate assets? – North Carolina Short Answer In North Carolina, credit cards and similar unsecured debts are paid from estate assets only after estate costs and any year’s allowances, and then by a strict statutory priority. Creditors must present claims by the…
Can we sell a financed vehicle during probate to cover loan payments and avoid repossession? – North Carolina Short Answer Yes—once the Clerk of Superior Court appoints a personal representative, that person may sell the decedent’s vehicle without a court order. However, the lender’s lien remains until it is paid or released, so the estate…
How can I find out if the corporate trustee will agree to serve and what asset threshold they require? – North Carolina Short Answer In North Carolina, a trustee accepts the role by following the method in the will/trust or by acting as trustee. Whether a corporate trustee will serve—and the minimum asset size they…
Can I access the decedent’s individual and retirement accounts before the trust is formally established? – North Carolina Short Answer Usually no. In North Carolina, retirement and transfer-on-death (TOD) brokerage accounts that name a testamentary trust pass directly to the trust—not to the estate—so the executor cannot withdraw or redirect those funds. The custodian will…
What steps do I need to take to appoint and confirm a trustee for a testamentary trust? – North Carolina Short Answer In North Carolina, start by checking the will to see who is named as trustee and how acceptance must occur. If the named trustee accepts as the will requires, court approval is often…
