What are my duties as an estate representative when selling real property in probate? – North Carolina Short Answer In North Carolina, your core duties are to protect the estate, confirm you have legal authority to sell, follow the required court process if a judicial sale is needed, and account for the proceeds. You must…
What’s the process for auctioning unsold personal property held in secure estate storage? – North Carolina Short Answer In North Carolina, a personal representative may sell estate personal property by public auction or private sale without a court order. The sale is not a judicial sale, but the personal representative must act prudently, get fair…
Can I offset unpaid storage fees or other debts against another heir’s share during probate mediation? – North Carolina Short Answer Often, yes. In North Carolina, the personal representative may withhold or “net” a beneficiary’s distribution to cover valid estate expenses (like reasonable storage fees and bond premiums) and debts the beneficiary owes to the…
How can I confirm which business interests are still part of the estate after a partial settlement? – North Carolina Short Answer In North Carolina, start with the most recent court‑filed Inventory and the latest approved Account to see what business interests and proceeds are still in the estate. A partial settlement typically allocates who…
How can I get the administrative letter needed to open my parent’s estate in North Carolina? – North Carolina Short Answer In North Carolina, you obtain “Letters of Administration” (no will) or “Letters Testamentary” (with a will) from the Clerk of Superior Court after you apply, qualify, and meet any bond or agent requirements. Heirs…
How do I get missing vehicle titles and submit them for probate? – North Carolina Short Answer In North Carolina, the executor must list each vehicle on the 90-day estate inventory and give the Clerk of Superior Court key details (VIN, make, and fair market value). If a title is missing, the executor applies to…
How do my sibling and I obtain our parent’s medical records as named heirs? – North Carolina Short Answer In North Carolina, heirs do not automatically have the right to a deceased parent’s medical records. Health‑care providers will release records to the court‑appointed personal representative (executor or administrator) or a court‑appointed collector who serves as…
What steps are required to list my spouse’s inherited property co-owned with a relative? – North Carolina Short Answer In North Carolina, list your spouse’s fractional, undivided interest in the co-owned real estate on the Inventory (AOC‑E‑505) and value it at fair market value as of the date of death. Describe the tract clearly (address…
How does tenancy by the entirety affect passing my marital home outside probate? – North Carolina Short Answer In North Carolina, a home owned by spouses as tenants by the entirety passes to the surviving spouse automatically at death and does not go through probate. You typically do not list it on the estate’s Inventory.…
What happens if the clerk requires adding inherited real property proceeds to the estate inventory? – North Carolina Short Answer In North Carolina, if the Clerk of Superior Court directs you to include inherited real estate sale proceeds, you must inventory and account for any sale funds that came into your hands as personal representative.…
