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…
How do I remove or replace an executor who is mishandling estate assets? – North Carolina Short Answer In North Carolina, an heir or other interested person can ask the Clerk of Superior Court to revoke an executor’s letters for misconduct, disqualification, false statements, or a conflict that harms the estate. You do this by…
How can I fax all required probate documents to a financial institution to access a decedent’s account? – North Carolina Short Answer In North Carolina, once you are qualified and have Letters Testamentary, you may ask the bank or brokerage to release or retitle the decedent’s account. Faxing copies is often accepted for initial review,…
What steps should I take if a company requests additional paperwork after I send the death certificate and letters? – North Carolina Short Answer In North Carolina, a personal representative has legal authority to collect the decedent’s personal property, and companies may ask for reasonable internal forms to verify and process that authority. Complete the…
Is an affidavit of heirship enough to become an authorized successor in interest for a decedent’s assets? – North Carolina Short Answer No. In North Carolina, an affidavit of heirship by itself does not give you legal authority to access a decedent’s assets. You typically need either (1) certified Letters Testamentary or Letters of Administration…
What documents do I need to submit with a letter of testamentary to manage or close an account? – North Carolina Short Answer In North Carolina, most financial institutions will require: (1) certified Letters Testamentary (or Letters of Administration), (2) a certified death certificate, (3) your government-issued photo ID, and (4) the institution’s own authorization…
How do I correctly fill out and submit a probate questionnaire to a bank or company? – North Carolina Short Answer In North Carolina, an executor may complete a company’s authorization questionnaire and submit it with proof of authority and death to access a decedent’s financial account. Send a certified copy of your Letters Testamentary,…
What happens if someone contests the will after I’ve filed it for probate? – North Carolina Short Answer In North Carolina, a will contest is called a “caveat.” If an interested person files a caveat after your will is admitted to probate in common form, the Clerk of Superior Court transfers the case to Superior…
How can I file my sibling’s will with the court to begin probate in North Carolina? – North Carolina Short Answer In North Carolina, you file the original will and an Application for Probate and Letters with the Clerk of Superior Court in the county where your sibling lived. If the will is self-proved, the…
