Can I drive a deceased sibling’s car from another state to North Carolina before registering it? Short Answer Under North Carolina law, you should not drive a decedent’s vehicle on public roads until you have legal authority over the vehicle and it is properly insured and registered to you (or under a valid temporary permit).…
What documents does the DMV in North Carolina require to transfer a vehicle title after a family member’s death? – North Carolina Short Answer In North Carolina, you can often transfer a deceased owner’s vehicle title without opening an estate by using a DMV affidavit. Typically, you will submit a clerk-certified Affidavit of Authority to…
How can I transfer my sibling’s vehicle title after they pass away without a will? – North Carolina Short Answer In North Carolina, you can often transfer a deceased sibling’s vehicle title without opening a full probate by using one of two paths. If the vehicle is titled in North Carolina and no estate administration…
How do I prove I have authority to transfer the car as the only heir when there is no executor? – North Carolina Short Answer In North Carolina, you can transfer a deceased person’s car without opening an estate by using a DMV “Affidavit of Authority to Assign Title” (Form MVR‑317). As the sole heir,…
How do I handle personal property in an estate when there are no funds available? – North Carolina Short Answer In North Carolina, a personal representative may sell estate personal property without a court order and use the proceeds to pay costs of administration and creditors, subject to priority rules. If you need cash and…
Can I sell a property as-is to an investor without first removing personal items? – North Carolina Short Answer Yes—under North Carolina probate law, a personal representative can sell estate real property “as-is,” and can include the remaining contents if properly authorized. If the will gives you power to sell or you hold title, you…
When am I allowed to close the estate bank account and distribute the remaining assets? – North Carolina Short Answer In North Carolina, you can make final distributions and close the estate bank account only after the creditor claim period has run, all valid debts, taxes, and administration expenses are paid (or properly provided for),…
Can I waive my personal representative commission so the estate is split equally with my sibling? – North Carolina Short Answer Yes. In North Carolina, a personal representative may waive or reduce their commission. Commissions are allowed only by order of the Clerk of Superior Court and are generally capped at up to 5% of…
How do I get cancelled check images from the bank to include in probate accounting? – North Carolina Short Answer In North Carolina probate, the Clerk of Superior Court requires you to support each payment shown on your account with a “voucher,” and cancelled check images count. Ask the bank that holds the estate account…
What is the best way to record and classify funds I withdrew early from the decedent’s account? – North Carolina Short Answer In North Carolina, deposit any money you took from the decedent’s account into the estate checking account and record it on your accounting as a receipt. Show the payments you made (for example,…
