What process allows heirs to request documentation and object to a personal representative’s draft final accounting in North Carolina probate?

Probate Q&A Series

Understanding Your Rights in North Carolina Probate Accounting When someone you love passes away, the personal representative (sometimes called the executor) oversees collecting assets, paying debts and taxes, and distributing what remains to heirs. Throughout this process, the personal representative must prepare an accounting showing every transaction. North Carolina law gives heirs the right to…

What is the process for filing a Small Estate Affidavit in North Carolina for estates under $20,000?

Probate Q&A Series

What is the process for filing a Small Estate Affidavit in North Carolina for estates under $20,000? Detailed Answer When someone passes away in North Carolina with assets valued at $20,000 or less (excluding certain exempt property), family members can use a Small Estate Affidavit to transfer personal property without formal probate. The process is…

When Should I Use a Small Estate Affidavit Instead of Full Probate Administration in North Carolina?

Probate Q&A Series

When Should I Use a Small Estate Affidavit Instead of Full Probate Administration in North Carolina? Detailed Answer In North Carolina, you may choose a Small Estate Affidavit when the decedent’s personal property subject to administration totals $20,000 or less and no estate administration petition exists. This streamlined process, governed by N.C. Gen. Stat. §…

What information must be included in North Carolina’s probate inventory and appraisement under North Carolina law?

Probate Q&A Series

What information must be included in North Carolina’s probate inventory and appraisement under North Carolina law? Detailed Answer When someone dies in North Carolina and you serve as the personal representative (formerly called executor), you must prepare two key filings for the clerk of superior court: the probate inventory and the appraisement. These requirements appear…

How do you access state retirement or insurance benefits in North Carolina when no beneficiary is named on the account?

Probate Q&A Series

How to Access State Retirement or Insurance Benefits in North Carolina When No Beneficiary Is Named Detailed Answer When a public employee or retired member of a State retirement system or group insurance plan passes away without naming a beneficiary, North Carolina law establishes the order in which benefits become payable. In most cases, these…

How do I settle creditor claims and distribute assets in a North Carolina intestate estate?

Probate Q&A Series

How to Settle Creditor Claims and Distribute Assets in a North Carolina Intestate Estate Understanding Intestate Administration When someone dies without a valid will in North Carolina, the court appoints a personal representative to handle the estate under Chapter 28A of the North Carolina General Statutes. This representative must identify creditors, pay valid debts and…

Who pays mediation fees in a North Carolina probate dispute, and can those fees be paid from the estate?

Probate Q&A Series

Who Pays Mediation Fees in a North Carolina Probate Dispute, and Can Those Fees Be Paid From the Estate? Detailed Answer In North Carolina probate litigation, the parties often resolve disagreements through mediation. The clerk of superior or district court may order mediation in contested probate matters. Under North Carolina’s Alternative Dispute Resolution rules, the…