Category Archives: Probate Q&A Series

Can I transfer a vehicle or other assets from an estate to a beneficiary before the probate process is fully closed?: North Carolina probate guidance on early distributions

Can I transfer a vehicle or other assets from an estate to a beneficiary before the probate process is fully closed? – North Carolina Short Answer Yes, but do it with care. In North Carolina, a personal representative can make partial distributions before closing the estate if claims, taxes, and administration costs have been paid…

How should I handle a savings bond with no beneficiary?: North Carolina

How should I handle a savings bond with no beneficiary? – North Carolina Short Answer In North Carolina, a U.S. savings bond titled only in the decedent’s name with no co-owner or payable-on-death beneficiary is a probate asset. The executor should list it on the estate Inventory, use Letters (Testamentary or of Administration) and the…

How do executor fees work and what documentation should I keep for a reasonable commission?

How do executor fees work and what documentation should I keep for a reasonable commission? – North Carolina Short Answer In North Carolina, executor commissions are allowed but not automatic. The Clerk of Superior Court sets a reasonable amount up to 5% of commissionable receipts and disbursements (not distributions to heirs). Commissionable items generally include…

How long do I have to wait before transferring the car or real estate title to heirs?

How long do I have to wait before transferring the car or real estate title to heirs? – North Carolina Short Answer In North Carolina, an executor should generally wait until the 3‑month creditor claim period ends and the estate’s debts, taxes, and expenses are paid or adequately reserved before making distributions or signing title…

What assets need to go on part one versus part two of the probate inventory?: North Carolina Probate

What assets need to go on part one versus part two of the probate inventory? – North Carolina Short Answer In North Carolina, Part 1 of the Inventory (AOC-E-505) lists probate assets the personal representative controls and can use to pay claims, such as sole-name bank accounts, undeposited checks, vehicles titled only in the decedent’s…

Is there a way to avoid probate fees when transferring a joint vehicle after death?: North Carolina options to use affidavits instead of full probate

Is there a way to avoid probate fees when transferring a joint vehicle after death? – North Carolina Short Answer Yes. North Carolina lets you transfer a deceased owner’s vehicle without opening a full estate by using a DMV Affidavit of Authority to Assign Title, if certain conditions are met and all heirs sign. If…

What steps are needed to satisfy the court and DMV when one heir lives abroad?

What steps are needed to satisfy the court and DMV when one heir lives abroad? – North Carolina Short Answer In North Carolina, the DMV will accept an Affidavit of Authority to Assign Title only if all heirs sign and the Clerk of Superior Court certifies it. An heir living abroad can usually sign before…

Do I have to list my children on the affidavit to assign vehicle title?: North Carolina probate

Do I have to list my children on the affidavit to assign vehicle title? – North Carolina Short Answer Yes. In North Carolina, the Affidavit of Authority to Assign Title requires you to list all heirs (and, if there is a will, all devisees), and all heirs generally must sign the affidavit before the Clerk…

How can I transfer my late spouse’s jointly titled car without opening probate?: A North Carolina guide

How can I transfer my late spouse’s jointly titled car without opening probate? – North Carolina Short Answer In North Carolina, you can usually transfer a deceased owner’s interest in a car without opening probate by using the DMV’s Affidavit of Authority to Assign Title, which must be signed by all heirs and certified by…

Can I use a small estate affidavit or year’s allowance to move a car title for one surviving spouse?: North Carolina answer

Can I use a small estate affidavit or year’s allowance to move a car title for one surviving spouse? – North Carolina Short Answer Yes—North Carolina offers several shortcuts that can transfer a decedent’s vehicle to a surviving spouse without full probate. The spousal year’s allowance can assign the car directly to the spouse within…