Can we compel a final accounting and distribution when the PR is holding funds? – North Carolina Short Answer Yes. In North Carolina, an “interested person” (including many heirs, devisees, and creditors) can ask the Clerk of Superior Court (Estate Division) to order a personal representative (PR) to file a full accounting, including a final…
How do I correct letters of administration that list the wrong fiduciary title? – North Carolina Short Answer In North Carolina, letters of administration are issued by the Clerk of Superior Court and should accurately state the personal representatives role (for example, administrator vs. administrator c.t.a.). When the letters contain the wrong fiduciary title, the…
What steps do I follow to distribute life insurance proceeds and bank account funds among all heirs? – North Carolina Short Answer In North Carolina, the first step is to sort each dollar into the correct “bucket”: (1) non-probate money that passes by beneficiary form or survivorship (often life insurance and many joint/POD bank accounts)…
Can I recover the cost of the trailer I purchased for my sibling from the estate? – North Carolina Short Answer Sometimes, but it depends on what the trailer purchase was legally for. In North Carolina, an estate can reimburse valid estate expenses (like administration costs and qualifying funeral expenses) and can also pay valid…
How can I open a probate or trust administration to manage my mother’s trust assets? – North Carolina Short Answer In North Carolina, a trustee usually does not “open” a court case just to administer a revocable living trust after the settlor dies. However, if a bank, annuity company, or a third party refuses to…
What documentation is needed to finalize the estate accounting and distribute remaining assets? – North Carolina Short Answer In North Carolina, the administrator usually must file a Final Account with the Clerk of Superior Court (Estates Division) and submit supporting documentation showing (1) all estate receipts, (2) all disbursements with vouchers, and (3) proof of…
Can I rely on an executor’s authorization without a court order? – North Carolina Short Answer Usually not. In North Carolina, an “executor” (personal representative) generally has authority to act for an estate only after the Clerk of Superior Court issues court papers called Letters Testamentary (or Letters of Administration). Until those letters are issued,…
How do I file a creditor’s claim in probate to recover money I spent on home repairs? – North Carolina Short Answer In North Carolina, a probate creditor’s claim is a written claim presented against a deceased person’s estate during estate administration. It is usually delivered to the personal representative (executor/administrator) or filed with the…
What assets must I list in the initial probate inventory, including bank accounts, vehicles, real estate, and retirement accounts? – North Carolina Short Answer In North Carolina, the personal representative must list probate assets that were owned by the decedent alone (or payable to the estate) in the initial inventory filed with the Clerk of…
Can a beneficiary access funds from POD accounts before probate is fully closed? – North Carolina Short Answer Yes. In North Carolina, a payable-on-death (POD) account generally becomes the beneficiary’s property at the owner’s death, so the beneficiary can usually claim the funds without waiting for probate to close. The bank will typically require proof…
