How can I challenge an administrator’s appointment when the will has vanished? – North Carolina Short Answer In North Carolina, you challenge an administrator by filing a verified estate proceeding with the Clerk of Superior Court to revoke the administrator’s letters and appoint a successor. If a copy of the missing will exists, you may…
What evidence do I need to contest the administrator’s actions and recover assets? – North Carolina Short Answer In North Carolina, you need documents and testimony showing (1) the administrator’s breach of duty or conflict of interest and (2) that specific property belongs to the estate. Useful evidence includes bank and title records, deeds, DMV…
How can I correct an incorrect family relationship listed on my spouse’s probate application? – North Carolina Short Answer In North Carolina, you correct relationship errors on a probate application by filing a sworn, notarized correction with the Clerk of Superior Court handling the estate. The application for letters is an affidavit, so any fix…
Do I have to notarize all probate application documents before submitting to the court? – North Carolina Short Answer No. In North Carolina, the key probate applications must be sworn under oath, but you can take that oath in front of the Clerk of Superior Court instead of using a notary. The Application for Probate…
Will listing a non-grandchild beneficiary affect the validity of my spouse’s will? – North Carolina Short Answer In North Carolina, mislabeling someone as a “grandchild” does not, by itself, invalidate an otherwise properly executed will. It creates a construction issue about who the testator intended to benefit. If the person is named individually, the gift…
How does an obsolete insurance provision impact whom I must name in the probate filing? – North Carolina Short Answer In North Carolina, your Application for Probate and Letters (AOC-E-201) must list the decedent’s heirs and the will’s devisees who actually take under the will. A will clause about insurance that no longer exists does…
What is the process to reopen or contest a closed estate administration? – North Carolina Short Answer In North Carolina, an heir or other interested person may petition the Clerk of Superior Court to reopen a closed estate if new property is found, necessary acts were not completed, or other proper cause exists (including suspected…
Can I recover land or money that the executor allegedly converted for personal use? – North Carolina Short Answer Yes. In North Carolina, an heir or other interested person can ask the Clerk of Superior Court to order the return of estate property and to require a full accounting. If the executor misused assets, you…
How can I challenge my sibling’s actions as executor for alleged mismanagement and fraud? – North Carolina Short Answer In North Carolina, an heir can file an estate proceeding with the Clerk of Superior Court to (1) compel an accounting, (2) revoke the executor’s letters for misconduct, and (3) reopen a closed estate for “proper…
What steps can I take if the executor refuses to give me estate records or documents? – North Carolina Short Answer In North Carolina, an heir or other interested person can ask the Clerk of Superior Court to order the executor to file or produce the estate’s inventory and accountings, and, if needed, reopen the…
