What can I do if the executor won’t communicate and I think estate money was moved to accounts that aren’t listed? – North Carolina Short Answer In North Carolina, an executor (personal representative) has a fiduciary duty to gather estate assets, pay valid debts (including taxes), and account to the court. If the executor stops…
Can I ask a court to put the title in my name because I made the mortgage payments and have proof? – North Carolina Short Answer Usually not by probate alone. In North Carolina, when someone dies without a will, the home generally passes by law to the legal heirs—not to the person who paid…
Can we still use an unprobated will to prove an heir’s interest in real property? – North Carolina Short Answer Usually, no—not by itself. In North Carolina, a will generally must be admitted to probate to be effective to pass title to real property, and an unprobated will often will not satisfy a title company,…
If probate hasn’t been started yet, what do I need to file to get appointed as the personal representative? – North Carolina Short Answer In North Carolina, a person is not formally appointed as the personal representative (executor/administrator) until the Clerk of Superior Court approves an application, the person takes the required oath, and any…
What happens if I refuse to sign an estate document that is missing names or key details? – North Carolina Short Answer In North Carolina, refusing to sign an estate document that is missing names or key details usually means the document cannot be filed, recorded, or relied on by the Clerk of Superior Court,…
What happens if family members disagree about what to do with a loved one’s ashes when the person’s wishes were communicated informally? – North Carolina Short Answer In North Carolina, informal wishes (like verbal statements or texts that do not meet the legal requirements) may not control who decides what happens to cremated remains. When…
How do I start probate if the original will is stored at a courthouse in a different county than where my relative died? – North Carolina Short Answer In North Carolina, probate is usually opened with the Clerk of Superior Court in the county where the person who died was domiciled. If the original will…
If an heir says they don’t want their share of the estate, can they waive it—and does it go to their children instead of the other siblings? – North Carolina Short Answer Yes. In North Carolina, an heir or beneficiary can refuse (renounce/disclaim) all or part of an inheritance by signing and filing a written…
Who should be holding the money from the sale, and how do I make sure it is released only to the proper estate representative? – North Carolina Short Answer In North Carolina, a deceased person’s share of sale proceeds is typically treated as an estate asset and should be paid only to the person with…
How can I access my adult child’s bank accounts and 401k through probate when some accounts have no beneficiary? – North Carolina Short Answer In North Carolina, accounts with no valid beneficiary designation generally become part of the probate estate, and the person appointed by the Clerk of Superior Court as the personal representative can…
