What happens if there are issues with the will when we try to probate it? – North Carolina Short Answer In North Carolina, “issues with the will” usually mean the Clerk of Superior Court cannot accept the will for routine probate, or an interested person files a formal challenge (a caveat) after the will is…
Do heirs need to sign a new lease or written agreement before allowing a farmer to use the land during probate? – North Carolina Short Answer Often, yes—some written agreement should be signed before a third party farms inherited land during probate in North Carolina, but the right person to sign depends on where the…
What happens if an estate was already opened years ago—can it be reopened to file a will that was never probated? – North Carolina Short Answer In North Carolina, a closed estate can sometimes be reopened by the Clerk of Superior Court for “proper cause,” including when something important was missed in the original administration.…
How do I get appointed as the administrator when the person who died had no will and I’m not a blood relative? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court appoints an estate “administrator” for someone who died without a will. A non-blood relative can sometimes be appointed, but only…
How can I get the closing file or sale details for property the deceased sold before they passed away? – North Carolina Short Answer In North Carolina, the cleanest way to obtain a deceased person’s prior real-estate sale details is for the estate’s court-appointed personal representative (executor/administrator) to request them directly from the closing attorney…
If a relative added themself as a joint owner on a bank account shortly before death, does that override the payable-on-death beneficiaries? – North Carolina Short Answer Often, yes. In North Carolina, if an account is changed from a payable-on-death (POD) account to a joint account with right of survivorship, the surviving joint owner typically…
What do I need to transfer or cash out stock held with a transfer agent when there may not be a named beneficiary? – North Carolina Short Answer In North Carolina, stock held with a transfer agent usually cannot be transferred or cashed out just because a family member asks. The transfer agent typically requires…
Can I be reimbursed from the estate for insurance premiums I paid out of my own bank account while serving as personal representative? – North Carolina Short Answer Often, yes. In North Carolina, a personal representative can usually be reimbursed for reasonable, necessary estate administration expenses that were properly paid or advanced, including insurance premiums…
Which state’s court handles a will contest when I live in one state but the parent lived in another? – North Carolina Short Answer In most cases, the will contest is handled in the state where the parent was legally domiciled (their permanent home) at death and where the will is probated. In North Carolina,…
If I sign a renunciation of my right to qualify as executor, do I still inherit from the estate? – North Carolina Short Answer Yes, in most North Carolina estates, signing a renunciation of the right to qualify as executor only gives up the right to serve as the estate’s personal representative. It does not,…
