What happens during the estate administration process if heirs don’t agree on decisions? – North Carolina Short Answer In North Carolina, heirs do not “run” an estate administration by majority vote. The personal representative (executor or administrator) has legal authority to make many day-to-day decisions, but must follow the will (if any), the statutes, and…
How do we identify and collect the deceased person’s bank accounts, including an account in another country, during probate? – North Carolina Short Answer In North Carolina probate, the personal representative (executor or administrator) identifies and collects bank accounts by gathering records, contacting likely financial institutions, and using the court-issued Letters (Letters Testamentary or Letters…
Can I move the estate account to a different bank and still properly deposit estate checks there? – North Carolina Short Answer Yes. In North Carolina, a personal representative can generally move an estate checking account to a different bank and deposit estate receipts there, as long as the account is titled in the estate’s…
Can we remove a co-administrator for not doing their duties, and would that affect the heirs’ ownership interests in the property? – North Carolina Short Answer Yes. In North Carolina, an interested person can ask the Clerk of Superior Court (the probate court) to revoke a co-administrator’s authority if the co-administrator is disqualified, obtained the…
If one sibling wants to keep the house, how does a buyout of the other siblings usually work during probate? – North Carolina Short Answer In North Carolina, a sibling “buyout” during probate usually happens in one of two ways: (1) the siblings agree on a value and the buying sibling pays the others for…
How can I direct any remaining inheritance to a family member I owe money to if we are not communicating? – North Carolina Short Answer In North Carolina, a personal representative generally must distribute the remaining estate assets according to the will (or intestacy) and the Clerk of Superior Court’s probate requirements—not based on side…
Who is allowed to request that an estate be reopened? – North Carolina Short Answer In North Carolina, any person “interested in the estate” may ask the Clerk of Superior Court to reopen a closed estate. This usually includes heirs, beneficiaries under a will, the prior personal representative (executor/administrator), and sometimes creditors or others whose…
How do I handle a property the deceased co-owned with someone who isn’t an heir when I’m trying to transfer the estate’s interest? – North Carolina Short Answer In North Carolina, the first step is to confirm how the deceased parent co-owned the property (for example, tenants in common versus joint tenancy with right of…
What happens if other heirs are hostile or uncooperative while I’m trying to handle and distribute estate property? – North Carolina Short Answer In North Carolina, hostility from other heirs does not stop an administrator from doing the job. The administrator generally has authority (and a duty) to gather estate property, protect it, and then…
Can we list or sell the property while the ancillary probate filing is still pending, or do we have to wait? – North Carolina Short Answer In North Carolina, the property can often be listed for sale while an ancillary estate is pending, but a closing usually has to wait until the right person has…
