Category Archives: Probate Q&A Series

How can a personal representative reimburse funeral expenses from wrongful death proceeds in North Carolina when no estate assets exist?

How can a personal representative reimburse funeral expenses from wrongful death proceeds in North Carolina when no estate assets exist? Detailed Answer When a loved one dies due to another’s negligence, North Carolina law allows certain expenses—such as funeral and burial costs—to be paid from any wrongful death recovery before distributing the balance to heirs.…

How can an executor in North Carolina regain access to estate property if co-heirs lock them out?

Detailed Answer When someone dies, the clerk of superior court appoints an executor (also called a personal representative) who holds letters testamentary. These letters give the executor the legal authority to collect, manage, and safeguard estate property. If co-heirs change the locks or otherwise deny access, they interfere with the executor’s duty to secure and…

Can a binding post-separation property settlement sever a spouse’s inheritance rights in North Carolina when divorce remains pending?

Can a Binding Post-Separation Property Settlement Sever a Spouse’s Inheritance Rights in North Carolina When Divorce Remains Pending? 1. Detailed Answer In North Carolina, a post-separation property settlement agreement (PSSA) can resolve how you and your spouse divide assets while your divorce is pending. However, inheritance rights—your spouse’s claim to your estate if you die…

How long does closing an estate in North Carolina take and what factors affect the final accounting audit?

How long does closing an estate in North Carolina take and what factors affect the final accounting audit? Understanding the Probate Timeline and Final Accounting As a personal representative in North Carolina, you must follow specific steps before closing an estate and obtaining court approval of your final accounting. The timeline varies with estate complexity,…

How can a surviving spouse secure a year’s allowance and deficiency judgment under North Carolina law?

How a Surviving Spouse Secures a Year’s Allowance and Deficiency Judgment in North Carolina Detailed Answer When a spouse dies, probate begins in the county where the decedent lived. North Carolina law grants the surviving spouse a year’s allowance to cover basic living expenses during probate. Under N.C. Gen. Stat. § 30-15, the spouse may…

What options exist for challenging or disputing probate attorney fees in the State of North Carolina?

What options exist for challenging or disputing probate attorney fees in the State of North Carolina? Understanding Probate Attorney Fees Under North Carolina law, probate attorney fees follow a defined structure. When a personal representative administers an estate, the clerk of superior court approves statutory commissions for both the representative and the attorney. You can…

What is an early distribution in North Carolina probate, and how is it documented and administered before the estate’s final closing?

Understanding Early Distributions in North Carolina Probate 1. Detailed Answer In North Carolina probate, an early distribution (also called an interim distribution) allows the personal representative to transfer part of the estate’s assets to beneficiaries before the estate’s final closing. The goal is to meet immediate needs of beneficiaries or to distribute assets that are…

What are the requirements for a personal representative to sell inherited real property during probate in North Carolina?

What are the requirements for a personal representative to sell inherited real property during probate in North Carolina? 1. Detailed Answer When someone passes away owning real estate in North Carolina, the court appoints a personal representative (sometimes called an executor or administrator) to settle the estate. Selling inherited real property requires the representative to…

What steps can a North Carolina heir or beneficiary take to obtain or compel production of will and trust documents?

What steps can a North Carolina heir or beneficiary take to obtain or compel production of will and trust documents? Detailed Answer As an heir or beneficiary in North Carolina, you have clear rights to review and obtain copies of a decedent’s will and any governing trust document. Below is an overview of the legal…

In North Carolina, can a personal representative resign after personally paying estate debts and still retain the house and contents?

Can a Personal Representative Resign After Personally Paying Estate Debts and Still Retain the House and Contents in North Carolina? Detailed Answer When someone acts as a personal representative (PR) in North Carolina, they take on statutory duties and liabilities. The law allows a PR to pay estate debts with personal funds, but that does…