What documents do I need to file to start probate when I don’t have access to the deceased person’s records? – North Carolina Short Answer In North Carolina, starting probate usually means filing an application with the Clerk of Superior Court to (1) probate a will (if one exists) and/or (2) qualify a personal representative…
What happens if the house was never properly transferred into the estate before the executor tries to sell it? – North Carolina Short Answer In North Carolina, a house usually does not need to be “transferred into the estate” before it can be dealt with after death, because title often vests in the heirs or…
What happens if the estate was closed but there is still a vehicle that needs to be transferred or sold? – North Carolina Short Answer In North Carolina, a closed estate can create a practical problem for vehicle transfers because the NCDMV often requires proof that someone has legal authority to sign for the deceased…
What can I do if other heirs keep harassing me or trying to take over decisions even though I’m the executor? – North Carolina Short Answer In North Carolina, an executor (also called a “personal representative”) has the legal authority to administer the estate once the Clerk of Superior Court issues letters. Other heirs can…
What does it mean to publish notice to creditors, and what happens if no creditors come forward? – North Carolina Short Answer In North Carolina probate, “publishing notice to creditors” means the personal representative (executor or administrator) runs a legal notice in a qualified newspaper to tell unknown creditors that an estate is open and…
If no probate case has been opened yet, can I start the probate process myself as the next of kin? – North Carolina Short Answer Yes. In North Carolina, if no estate has been opened, a next of kin (an heir under intestate succession) can go to the Clerk of Superior Court in the proper…
What are the next legal steps when a grandparent dies without a will and the only child passed away before them? – North Carolina Short Answer In North Carolina, when a grandparent dies without a will and their only child died first, the grandchildren usually inherit the estate through that deceased parent’s “line” under the…
How do I challenge an estate administrator if I believe they lied to the court or are hiding estate assets? – North Carolina Short Answer In North Carolina, concerns that an estate administrator lied to the Clerk of Superior Court or is hiding assets are usually handled inside the estate file by asking the Clerk…
If the heirs stop accepting rent or tell us to stop paying, how can we protect ourselves from being accused of nonpayment later? – North Carolina Short Answer In North Carolina, the safest approach is to keep treating the rent as due and create a clear paper trail showing that rent was offered on time…
As the executor, can I sell the house or an adjacent lot without all the heirs agreeing on the sale price? – North Carolina Short Answer Sometimes. In North Carolina, heirs do not always get a veto over the sale price if the executor (personal representative) has legal authority to sell the real estate. That…
