If the estate was handled as a small estate, can I still ask the court to open a full probate estate later? – North Carolina Short Answer Yes. In North Carolina, an estate that started as a “small estate” (collection by affidavit) can still be brought back before the Clerk of Superior Court later if…
How do I prove a will is valid if I can’t find the witnesses or the notary who signed it? – North Carolina Short Answer In North Carolina, a will can often still be admitted to probate even if the subscribing witnesses (and the notary) cannot be located. If the will is “self-proved,” the Clerk…
How can I find out what real estate the deceased owned and where it is located? – North Carolina Short Answer In North Carolina, the most reliable way to identify a deceased person’s real estate is to search county land records (Register of Deeds) and county tax records (Tax Assessor/GIS) in every county where property…
If the will says a beneficiary gets a share when a house is sold, how is that enforced if the executor is listing the home now? – North Carolina Short Answer In North Carolina, a will provision that gives someone a share of the proceeds when a house is sold is usually enforced through the…
If the deceased person had a child but previously signed papers giving up parental rights, can that child still inherit from the deceased? – North Carolina Short Answer In North Carolina, a parent’s rights can be terminated, but the child’s right to inherit from that parent usually does not end just because parental rights were…
How do I challenge or object to a proposed final accounting that hasn’t been approved yet? – North Carolina Short Answer In North Carolina, a proposed final accounting is not “final” until the Clerk of Superior Court reviews and approves it. An interested person (such as an heir) can raise objections by filing a written…
Are banks required to accept electronically certified letters of testamentary, or can they insist on a wet-sealed certified copy? – North Carolina Short Answer In North Carolina, a bank generally can set its own internal document-acceptance policy and may insist on a wet-sealed certified copy of Letters Testamentary, even if the Clerk can issue an…
How do I prove a fiduciary breach by the person handling an estate? – North Carolina Short Answer In North Carolina, proving a fiduciary breach by the person handling an estate (the “personal representative,” meaning an executor or administrator) usually comes down to showing (1) the person had fiduciary duties after appointment, (2) the person…
How is the surviving spouse’s share calculated if a life-estate property is sold during probate? – North Carolina Short Answer In North Carolina, if a home is subject to a surviving spouse’s life estate and the property is sold, the spouse’s “share” is typically the present value of the life estate, and the remainder beneficiaries…
What happens to any money left over after the estate pays valid creditor claims from the land sale proceeds? – North Carolina Short Answer In North Carolina probate, any land-sale money left over after the estate pays valid claims (and the costs of administering the estate) is distributed to the people entitled to inherit under…
