What happens to the estate administration while a petition to remove the executor is pending? – North Carolina Short Answer In North Carolina, filing a petition to remove (revoke the letters of) an executor/personal representative does not automatically stop the estate administration. Unless the Clerk of Superior Court enters an order limiting the executor’s authority…
What paperwork do I need to file to prove I have authority to sell the property after my sibling’s death? – North Carolina Short Answer In North Carolina, the most common paperwork used to prove authority to sell a deceased person’s real estate is a court-issued appointment showing who the estate’s personal representative is (often…
What paperwork should be in an estate file that helps confirm who inherits and how property or sale proceeds are divided? – North Carolina Short Answer In North Carolina, the estate court file that most directly confirms who inherits and how money gets divided usually includes (1) the appointment paperwork for the personal representative, (2)…
What happens if the administrator transferred or kept estate property without listing it in the estate paperwork? – North Carolina Short Answer In North Carolina, an administrator must identify, safeguard, and report estate assets through the inventory and later accountings filed with the Clerk of Superior Court. If the administrator transferred or kept estate property…
How do I challenge an irrevocable trust if I believe my parent wasn’t mentally competent when it was signed? – North Carolina Short Answer In North Carolina, challenging an irrevocable trust based on a parent’s mental competence usually means filing a court proceeding that asks the court to declare the trust (or a specific amendment)…
What happens if another relative challenges me handling the estate or claims I’m trying to keep everything? – North Carolina Short Answer In North Carolina, a relative who thinks the wrong person is handling an estate (or suspects someone is trying to keep assets) can ask the Clerk of Superior Court to step in. Depending…
How do I document funeral expenses paid from a retirement or similar account in the estate accounting? – North Carolina Short Answer In North Carolina, an estate accounting generally reports what the personal representative (administrator) actually received and paid out of estate-controlled (probate) assets. If funeral expenses were paid directly from a retirement-type account that…
What does it mean to renounce the right to qualify as executor, and what responsibilities am I giving up? – North Carolina Short Answer In North Carolina, renouncing the right to qualify as executor means signing a written, acknowledged renunciation that gives up the priority right to be appointed by the Clerk of Superior Court…
Can a lender refuse to discuss a deceased person’s vehicle loan until the estate representative is formally verified? – North Carolina Short Answer Yes. In North Carolina, it is common and generally reasonable for an auto lender to refuse to share detailed account or repossession information until the person requesting it proves legal authority to…
What are the main steps and timeline for notice to creditors, the inventory, the accounting, and distributing inheritances under the will? – North Carolina Short Answer In North Carolina, an executor typically qualifies with the Clerk of Superior Court (Estates) first, then publishes a notice to creditors, files an inventory, keeps records for an accounting,…
