Category Archives: Probate Q&A Series

When an estate house is sold, how are executor expenses handled before the remaining proceeds are distributed to heirs? nc

When an estate house is sold, how are executor expenses handled before the remaining proceeds are distributed to heirs? – North Carolina Short Answer In North Carolina, the estate generally pays legitimate administration expenses (including reasonable out-of-pocket costs the executor advanced) before any remaining sale proceeds are distributed to heirs. The executor typically documents those…

What documents do I need to file for a final accounting, and what happens if I miss something before the hearing? nc

What documents do I need to file for a final accounting, and what happens if I miss something before the hearing? – North Carolina Short Answer In North Carolina, a personal representative usually closes an estate by filing a final account with the Clerk of Superior Court that shows all estate money received, all payments…

If the estate’s main assets are vehicles, how do I handle selling or transferring them to pay estate debts? nc

If the estate’s main assets are vehicles, how do I handle selling or transferring them to pay estate debts? – North Carolina Short Answer In North Carolina, an estate’s vehicles are personal property that the administrator (personal representative) can usually sell or transfer as part of administering the estate, then use the net proceeds to…

What happens to the original will after I file it with the clerk, and can I get it back if it’s my only original copy? nc

What happens to the original will after I file it with the clerk, and can I get it back if it’s my only original copy? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court admits a will to probate, the original will stays with the clerk as part of the…

Do I need to open an estate case for my adult child who passed away, or are there ways to handle things without probate? nc

Do I need to open an estate case for my adult child who passed away, or are there ways to handle things without probate? – North Carolina Short Answer Not always. In North Carolina, a formal “estate case” (full probate) is usually needed only when the deceased owned assets in their sole name that cannot…

What happens if the will lists the wrong address for a property, and can the intended property still be transferred to the beneficiary? nc

What happens if the will lists the wrong address for a property, and can the intended property still be transferred to the beneficiary? – North Carolina Short Answer In North Carolina, a wrong or incomplete street address in a will does not automatically defeat a gift of real estate. If the intended property can be…

Can I still probate a will that was signed a long time ago and only recently found? nc

Can I still probate a will that was signed a long time ago and only recently found? – North Carolina Short Answer In North Carolina, an older will can often still be offered for probate even if it was found long after the person died. The bigger issue is timing: if the estate was already…

How do I request an exemplified or triple-seal copy of probate proceedings for an estate case? nc

How do I request an exemplified or triple-seal copy of probate proceedings for an estate case? – North Carolina Short Answer In North Carolina, an exemplified (often called “triple-seal”) copy of probate proceedings is typically requested from the Clerk of Superior Court (Estates) in the county where the estate file is located. The request usually…

What can I do if I was removed as executor and I think the removal was based on false statements? nc

What can I do if I was removed as executor and I think the removal was based on false statements? – North Carolina Short Answer In North Carolina, an executor is removed by an order entered in the estate file by the Clerk of Superior Court (the probate judge). If the removal happened because someone…

What is the deadline for the other party to submit proof like bank statements to support their reimbursement request? nc

What is the deadline for the other party to submit proof like bank statements to support their reimbursement request? – North Carolina Short Answer In North Carolina, there usually is not one automatic, statewide deadline that forces an opposing party to turn over bank statements or similar proof just because they asked for reimbursement. In…