What paperwork do the blood relatives need to sign to let me handle the estate and still keep the family land? – North Carolina Short Answer In North Carolina, blood relatives generally cannot sign a single form that both (1) makes a non-relative the estate administrator and (2) guarantees the land stays in the family.…
How do I access or transfer a certificate of deposit after the account owner dies if there is no payable-on-death beneficiary listed? – North Carolina Short Answer In North Carolina, if a certificate of deposit (CD) has no payable-on-death (POD) beneficiary and no surviving joint owner with survivorship rights, the CD usually becomes part of…
Can a lawyer contact a retirement plan or bank on my behalf to get balances and paperwork, and what authorizations do I need to sign? – North Carolina Short Answer Yes. In North Carolina, a probate lawyer can contact banks and retirement plan administrators to request date-of-death balances, beneficiary information, and account paperwork, but most…
How can I challenge an estate administrator who sold estate vehicles for too little and won’t explain the pricing? – North Carolina Short Answer In North Carolina, a beneficiary can challenge an estate administrator’s low-priced vehicle sale by asking the Clerk of Superior Court (the estate court) to require a fuller report and accounting, and—if…
What documents do I need to start probate, and do I need death certificates for other relatives who later passed away too? – North Carolina Short Answer In North Carolina, starting probate usually requires the original will (if there is one), proof of death for the person whose estate is being opened, and a completed…
How do I find out whether the house was marital property or separate property, and why does that matter for inheritance? – North Carolina Short Answer In North Carolina, the fastest way to tell whether a house is “marital” or “separate” for inheritance purposes is to start with the deed: if the house is titled…
What happens in probate if there are multiple properties and I’m not sure which ones are titled in my parent’s name? – North Carolina Short Answer In North Carolina probate, the personal representative must identify (often called “discover” or “marshal”) the decedent’s assets and report them to the Clerk of Superior Court, including any real…
How do I find out what property, land, and bank accounts were in the estate at the time of death? – North Carolina Short Answer In North Carolina, the most reliable starting point is the estate file at the Clerk of Superior Court (Estates Division) in the county where the person lived at death. If…
If the administrator is removed, how does the court decide who gets appointed next, and can another heir step in as administrator? – North Carolina Short Answer In North Carolina, if a personal representative (often called an “administrator” or “executor”) is removed, the Clerk of Superior Court typically appoints a successor using the same priority…
Do we have to include a vehicle in the estate inventory if it’s not currently in anyone’s possession? – North Carolina Short Answer Usually, yes. In North Carolina estate administration, a vehicle should generally be listed on the estate inventory if it was owned by the decedent at death and is part of the probate…
