Category Archives: Probate Q&A Series

What steps do I need to take to become the administrator of an intestate estate after a sudden loss?

How does the hourly retainer fee work in a probate case, and what happens if the estate’s assets are insufficient to cover ongoing legal fees?

How Does the Probate Retainer and Fee Structure Work in North Carolina? Detailed Answer In many North Carolina probate cases, a retainer is required to get the process started. Typically, a $1,000 deposit is placed in trust to cover initial expenses. These expenses include filing fees, court costs, vital records requests, and other administrative tasks.…

How is a deficiency judgment handled in probate when a vehicle has an outstanding lien, and can it be amended if asset values or loan balances change?

How can I protect my interests in an estate when tax filings incorrectly classify inherited property as partnership income and expenses, and what settlement options should I consider to resolve these discrepancies?

Why might the vehicle title appear solely in my sibling’s name even though both of us are allotted a 50/50 share in the probate process?

How Do Probate Receipts Work in the Estate Accounting Process in North Carolina? In North Carolina probate, receipts serve as a formal record of all assets distributed from the decedent’s estate. These documents are submitted as part of the final accounting required by the clerk of court. They provide a detailed trail of all items…

Why did my probate fees increase from the originally quoted amount, and how can I negotiate them?

Why Did My Probate Fee Exceed the Initial Estimate? When a probate process begins, an initial fee estimate is often provided for a “simple” case. However, if additional issues arise or more work is required, fees may increase. In one case, a client was quoted approximately $2,500 for what was explained as an uncomplicated estate…

How can I quickly reopen a deceased parent’s estate for a toxic water lawsuit settlement, and what documentation is required?

How Can I Reopen an Estate in North Carolina for a Pending Settlement? Reopening an estate in North Carolina is a process that may become necessary when legal claims or pending settlement matters require that the estate be active. In cases involving high-priority issues—such as a pending toxic water settlement from Camp Lejeune—the court may…

What should I do if I haven’t received my probate retainer agreement email and how long should I wait before checking my spam folder?

What should I do if I haven’t received my probate retainer agreement by email? When beginning the probate process, receiving your retainer agreement is a vital step. Often, the attorney will send this document via email. However, delays or email filtering issues can occur. In North Carolina, the retainer agreement outlines the scope of representation…

What should I do if my notarized probate paperwork goes missing in the mail?

What Should I Do if My Notarized Verification Document Isn’t Received by My Probate Attorney? When your notarized verification document does not reach your probate attorney, it is important to take prompt action. In North Carolina, notarization requirements are governed by state law (NCGS Chapter 15A). Notarized documents can sometimes be delayed or misplaced by…

How do I open a probate estate and legally transfer assets once I’m designated as the personal representative?

What Are the Responsibilities of a Personal Representative in North Carolina Probate? In North Carolina, a personal representative (commonly known as the executor) carries key duties that include managing the decedent’s estate, collecting and protecting assets, settling debts, and finally distributing property according to the will or state law. Once the probate court issues an…