How are wrongful-death settlement proceeds supposed to be divided between heirs when an estate is opened just to bring the case? – North Carolina Short Answer In North Carolina, wrongful-death settlement proceeds are handled by the estate’s personal representative (the administrator), but the money is generally not treated like a normal estate asset. After paying…
Can an estate deposit or cash a refund check that was originally issued to the deceased person? – North Carolina Short Answer Usually, an estate should not try to deposit or cash a refund check that is payable only to the deceased person. In North Carolina, the safer and more commonly accepted approach is for…
What happens if the people named in the newer will already transferred or spent estate assets before the will is challenged? – North Carolina Short Answer In North Carolina, a will contest (a “caveat”) decides whether the newer will is valid, but it does not automatically undo transfers or spending that already happened. If estate…
As the executor, how can I get the deceased person’s ashes returned if someone took them from the property? – North Carolina Short Answer In North Carolina, an executor (personal representative) can often use the Clerk of Superior Court’s estate proceeding process to demand the return of estate property that someone is holding, and the…
If there is a probate hearing or trial, how will I be notified, what will the paperwork explain, and do I have to attend? – North Carolina Short Answer In North Carolina probate, most hearings happen in front of the Clerk of Superior Court (not a jury). Notice usually comes as written paperwork (often by…
How do I open probate and get the paperwork that proves I’m the executor so I can transfer the house and vehicle into my name? – North Carolina Short Answer In North Carolina, probate is opened by filing the will and a request to qualify with the Clerk of Superior Court (Estates) in the county…
What happens in probate when someone dies without a will and the spouse and an adult child are co-administrators? – North Carolina Short Answer In North Carolina, when someone dies without a will (intestate), the Clerk of Superior Court oversees the estate, and co-administrators must work together to collect assets, pay valid expenses and creditor…
Can creditors or debts tied to one property force the sale of an out-of-state inherited property, and when would that be allowed? – North Carolina Short Answer Usually, a North Carolina creditor claim or a debt tied to one property cannot directly force the sale of a different, out-of-state inherited property through a North Carolina…
What happens in probate when one of the heirs is still a minor? – North Carolina Short Answer In North Carolina probate, a minor heir generally cannot receive an inheritance directly. The Clerk of Superior Court will usually require the minor’s share to be protected through a court-supervised option, such as a guardianship of the…
As the administrator, can I receive a commission for my work, and when is that requested and paid during the estate process? – North Carolina Short Answer Yes. In North Carolina, a court-appointed personal representative (often called an “administrator” when there is no will) can usually receive a commission for time and trouble, but the…
