How do potential insurance proceeds or return‑of‑premium benefits factor into paying creditors and closing the estate? – North Carolina Short Answer In North Carolina, insurance money only becomes part of the probate estate (and available to pay estate creditors) if it is payable to the estate or has no living/valid beneficiary under the policy’s terms.…
Can an heir or family member get access to the property to retrieve sentimental items before the estate sells it? – North Carolina Short Answer Sometimes, but not automatically. In North Carolina, the personal representative (executor/administrator) controls access to estate property during administration and can allow a supervised pickup of sentimental items if it does…
What happens to a home and other assets when someone dies without a will and only extended relatives try to control everything? – North Carolina Short Answer In North Carolina, when someone dies without a will, the home and other assets pass under the state’s intestate succession rules, not based on who is the loudest…
How can I keep the house I’ve lived in and paid for if the deed is in my late relative’s name with no will? – North Carolina Short Answer In North Carolina, a house titled only in a deceased person’s name usually passes to that person’s legal heirs under the intestate succession rules, even if…
Who has authority to decide what happens to vehicles at a deceased parent’s home, and can I remove items I was told I could take? – North Carolina Short Answer In North Carolina, the person with legal authority to decide what happens to a deceased parent’s vehicles and other estate property is usually the court-appointed…
How do I identify and document all assets and debts for the inventory if some records are hard to find? – North Carolina Short Answer In North Carolina, the personal representative must make a reasonable, organized search for the decedent’s assets and debts, document what was checked, and file the inventory as completely as possible…
What happens if there is no will on file—can the estate still be administered? – North Carolina Short Answer Yes. In North Carolina, an estate can still be opened and administered even if no will is on file. When no will is found or filed, the estate is generally handled as an intestate estate (meaning…
What is the process for probating a single investment account that has no beneficiary when other accounts pass outside probate? – North Carolina Short Answer In North Carolina, an investment account with no beneficiary designation usually becomes a probate asset, meaning the executor must use the estate administration process through the Clerk of Superior Court…
Can the estate use foreclosure surplus funds to pay debts before distributing the remainder, and what approvals are required? – North Carolina Short Answer In North Carolina, once foreclosure surplus funds are properly determined to belong to the decedent’s estate and are in the estate account, the personal representative generally may use those funds to…
How do I get appointed as the estate administrator so I can handle the larger life insurance policy and other assets? – North Carolina Short Answer In North Carolina, an “estate administrator” is appointed by the Clerk of Superior Court (the probate court) and receives “Letters of Administration” that prove legal authority to act for…
