What steps do I need to get court approval to sell the house and pay off the mortgage? — North Carolina Short Answer In North Carolina, a personal representative (executor or administrator) generally needs a court order from the Clerk of Superior Court to sell estate real estate unless the will clearly authorizes a sale.…
Can I use payable-on-death accounts to pay estate creditors if other assets aren’t enough? — North Carolina Short Answer Yes—under North Carolina law, funds in payable-on-death (POD) accounts are nonprobate and pass to the named beneficiary, but the personal representative can reclaim the amount needed to pay valid estate debts if the estate’s assets are…
What happens if a creditor files a claim after the 90-day notice period ends? — North Carolina Short Answer Under North Carolina’s “nonclaim” statute, most creditor claims that are not presented by the deadline are forever barred. If the personal representative properly published the notice to creditors and mailed notice to any known or reasonably…
How can I set up an estate bank account using the IRS EIN for my deceased parent? — North Carolina Short Answer In North Carolina, you open an estate bank account after you qualify with the Clerk of Superior Court as the personal representative and receive Letters (Letters Testamentary or Letters of Administration). Then you…
How do I claim my share of my mother’s estate in North Carolina if she died without a will? — North Carolina Short Answer In North Carolina, if your mother died without a will (intestate), her probate assets are divided by statute. After debts and allowed expenses, the surviving spouse (if any) takes a statutory…
What evidence do I need to show undue influence or lack of capacity when signing a will? — North Carolina Short Answer In North Carolina, you prove lack of capacity with evidence that, at the time of signing, the person didn’t understand who their family/beneficiaries were, what they owned, how the will worked, or its…
What is the deadline for contesting a will in North Carolina? — North Carolina Short Answer In North Carolina, you generally have three years from the date a will is admitted to probate in common form to file a caveat (will contest). You cannot file a caveat until the will has been probated. If the…
What legal rights do I have as a surviving spouse in North Carolina when my spouse died without a will and their family cut me out of decisions? — North Carolina Short Answer Under North Carolina law, a surviving spouse has automatic rights even if there is no will. You are entitled to an intestate…
How do I get appointed as the estate administrator in North Carolina when my spouse died intestate and their family won’t cooperate? Short Answer In North Carolina, the surviving spouse has first priority to serve as administrator when someone dies without a will. You apply with the Clerk of Superior Court in the county of…
Can I have a guardian ad litem appointed for unknown or unlocatable heirs in a partition action? — North Carolina Short Answer Yes. In a North Carolina partition action, the clerk of superior court can appoint a guardian ad litem (GAL) to represent heirs or co-owners whose identities or locations are unknown after you show…
