How to protect life insurance proceeds when there is no named beneficiary from creditor claims in estate administration (North Carolina) Short answer: If no beneficiary is named, most life insurance policies pay the proceeds to the insured’s estate. Once paid to the estate, those funds become probate assets and are generally available to pay estate…
What should I do if an heir refuses to return estate property and the estate is still open? Detailed Answer If the estate is still open and an heir will not return estate property, North Carolina law gives the personal representative (the court-appointed executor or administrator) clear authority to demand and recover that property. In…
Can I become the personal representative of my sister’s estate in North Carolina? Detailed Answer Yes—if you qualify under North Carolina law and the Clerk of Superior Court appoints you. In North Carolina, the personal representative is called an “executor” when named in a will and an “administrator” when there is no will. Appointment and…
Do wrongful death proceeds pass in accordance to the Decedent’s Last Will and Testament in North Carolina? Short Answer No. In North Carolina, wrongful death proceeds do not pass under the decedent’s Last Will and Testament. By statute, they are distributed to the decedent’s heirs as if the person died without a will (intestate). They…
North Carolina Probate: Options When an Estate Administrator Is Unresponsive or Refuses to Distribute Assets Detailed Answer If you are an heir or beneficiary in North Carolina and the estate’s personal representative (executor or administrator) will not communicate or refuses to distribute assets, you have several tools under North Carolina law to get the estate…
How to Apply to Be Appointed Personal Representative of a North Carolina Estate Short answer: File an application with the Clerk of Superior Court (Estates Division) in the county where your relative lived at death. If there is a will, you seek appointment as “Executor.” If there is no will, you seek appointment as “Administrator.”…
How can heirs petition the court to reopen a closed estate to claim unclaimed assets? — North Carolina probate FAQ Short answer: Heirs can ask the Clerk of Superior Court to reopen a closed probate estate by filing a written petition (motion) showing newly discovered assets, errors, fraud, or other good cause. The court can…
North Carolina Probate FAQ: How Do You Inventory and Distribute Estate Assets Among Multiple Heirs? Detailed Answer When a North Carolina resident dies, every asset they owned must be gathered, valued, reported to the Clerk of Superior Court, and ultimately delivered to the lawful heirs. The personal representative (called an executor when there is a…
How Heirs Can Locate and Claim Unclaimed Property of a Deceased Relative in North Carolina Why unclaimed property matters Bank accounts, insurance checks, stock dividends, and even the contents of a safe-deposit box can slip through the cracks when a loved one passes away. After a set dormancy period, North Carolina law requires businesses holding…
Factors That Influence How Long North Carolina Probate Takes Detailed Answer In North Carolina, the clerk of superior court oversees probate under Chapter 28A of the North Carolina General Statutes. A straightforward estate often wraps up in 8–12 months, but many variables can stretch—or shorten—the process. Below are the most common timing factors, each followed by…
