Is the administrator required to negotiate or reduce creditor claims, or can they just pay the amounts as submitted? – North Carolina Short Answer In North Carolina, an estate administrator (personal representative) is not required to negotiate or “discount” every creditor claim. But the administrator also should not automatically pay claims just because a creditor…
Do I need to get a letter of authorization notarized before the lender or creditor will talk to me about an estate debt? – North Carolina Short Answer Often, yes—many lenders and creditors will not discuss a deceased person’s debt with anyone unless the request is backed by either (1) court-issued authority (Letters Testamentary or…
Is there a deadline to claim the funds being held, and what steps should I take now to protect my and my siblings’ interests? – North Carolina Short Answer In North Carolina, there is often no practical “drop-dead” deadline to claim money that is being held for a deceased person, but waiting can create problems.…
How do I get appointed as the estate’s personal representative so I can sign agreements and move forward with selling the house? – North Carolina Short Answer In North Carolina, a person becomes the estate’s personal representative only after qualifying through the Clerk of Superior Court in the county where the deceased person lived and…
How do I confirm whether an old mortgage or deed of trust was paid off and cleared from the property title before the sale? – North Carolina Short Answer In North Carolina, the most reliable way to confirm an old mortgage or deed of trust was paid off and cleared is to check the county…
What happens if someone who might be an heir can’t be found or won’t cooperate with selling the property? – North Carolina Short Answer In North Carolina, a buyer usually cannot get clean title to inherited real estate if a possible heir is missing or refuses to sign, because the heirs generally hold title as…
How do I appoint or change a resident process agent, and what exactly do they handle during probate? – North Carolina Short Answer In North Carolina probate, a resident process agent is a North Carolina person or entity designated to accept legal papers (service of process) on behalf of a personal representative who lives outside…
How do I open probate as the named executor when there is a will, a paid‑off home in the decedent’s sole name, and most financial accounts name me as beneficiary? – North Carolina Short Answer In North Carolina, probate is usually opened with the Clerk of Superior Court in the county where the decedent lived…
How do I open an estate without a will and get appointed administrator to handle the house, bank accounts, and any insurance benefits? – North Carolina Short Answer In North Carolina, an intestate (no-will) estate is opened by filing an application with the Clerk of Superior Court in the county where the decedent lived, asking…
How do I make sure a brokerage account opened under my name is treated as an estate account instead of my personal account? – North Carolina Short Answer In North Carolina, the safest way to ensure a brokerage account is treated as an estate account is to have it titled in the estate’s name (not…
