Category Archives: Probate Q&A Series

What is the proper way to document a personal representative’s reimbursement or distribution of estate expenses?: Clear steps for North Carolina probate accountings

What is the proper way to document a personal representative’s reimbursement or distribution of estate expenses? – North Carolina Short Answer List the transaction on the Annual Account (AOC-E-506), attach vouchers (e.g., bank statements, canceled checks, tax bill marked paid), and show how you corrected it. Under North Carolina law, you can either reimburse the…

Can I use estate funds to pay property taxes on a decedent’s home that passed directly to heirs?

Can I use estate funds to pay property taxes on a decedent’s home that passed directly to heirs? – North Carolina Short Answer Generally, no. In North Carolina, title to a decedent’s real property passes directly to the heirs or devisees at death, so post‑death expenses like property taxes are usually their responsibility, not the…

How can I create and use affidavits to explain or correct erroneous withdrawals in an estate accounting?

How can I create and use affidavits to explain or correct erroneous withdrawals in an estate accounting? – North Carolina Short Answer In North Carolina, every estate account must include proof for each disbursement. If estate funds were mistakenly used (for example, to pay taxes on real property that passed directly to heirs), the personal…

How do I file an annual estate accounting with the court for a decedent’s estate?: North Carolina

How do I file an annual estate accounting with the court for a decedent’s estate? – North Carolina Short Answer In North Carolina, if an estate stays open more than one year, the personal representative must file an annual account with the Clerk of Superior Court using the AOC-E-506 form. It’s due by the 15th…

What are the rules and timelines for selling estate property during probate?

What are the rules and timelines for selling estate property during probate? – North Carolina Short Answer In North Carolina, a personal representative (executor or administrator) may sell personal property without a court order, but selling real estate generally requires either clear authority in the will or a special proceeding before the Clerk of Superior…

Can I file probate myself to pay the funeral home bill or does the surviving spouse have priority in accessing the funds?

Can I file probate myself to pay the funeral home bill or does the surviving spouse have priority in accessing the funds? – North Carolina Short Answer In North Carolina, the surviving spouse has first priority to be appointed as the estate’s administrator, but a child can file if the spouse waives, is unqualified, or…

How long does it typically take to get approved as an estate administrator so I can access my parent’s bank account?: A North Carolina probate guide

How long does it typically take to get approved as an estate administrator so I can access my parent’s bank account? – North Carolina Short Answer In North Carolina, if the applicant has priority to serve and files complete paperwork, the Clerk of Superior Court can often issue Letters of Administration the same day or…

When is the deadline to file an estate inventory in probate and can I request more time if needed?: North Carolina

When is the deadline to file an estate inventory in probate and can I request more time if needed? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) must file the estate inventory within three months of qualifying with the Clerk of Superior Court. You can request more time by…

Can the court divide large acreage farmland fairly between co-owners instead of selling it?: North Carolina partition actions

Can the court divide large acreage farmland fairly between co-owners instead of selling it? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court must favor a partition in kind (physically dividing the land) if it can be done fairly. The court orders a sale only if an in-kind split would…

How can I force a private sale of our co-owned farmland when my co-owner won’t raise their buyout offer?: North Carolina partition actions

How can I force a private sale of our co-owned farmland when my co-owner won’t raise their buyout offer? – North Carolina Short Answer In North Carolina, a co-owner (tenant in common) can file a partition proceeding with the Clerk of Superior Court in the county where the land lies. If dividing the farmland would…