How do I avoid listing assets that have beneficiary designations in the probate inventory? – North Carolina Short Answer In North Carolina, the probate inventory generally lists property the personal representative controls as part of the probate estate—meaning assets titled in the decedent’s sole name or payable to the estate. Assets that pass directly to…
What’s the best way to amend or update the collection affidavit to include asset values without opening a full probate estate? – North Carolina Short Answer In North Carolina, the cleanest way to correct a collection-by-affidavit filing that omitted values is usually to file an updated (replacement) collection affidavit with the Clerk of Superior Court…
How do I know if those vehicles must be included in my dad’s estate inventory when titles weren’t retitled? – North Carolina Short Answer In North Carolina, a vehicle usually belongs in the estate inventory if the title was still in the decedent’s name at death, even if the decedent intended it as a gift.…
Do I need my sibling’s permission to qualify as estate administrator for my parent’s estate? – North Carolina Short Answer Usually not. In North Carolina, the Clerk of Superior Court appoints an estate “administrator” based on a statutory order of priority, and an adult child is typically high on that list for an unmarried parent…
How do I transfer a family home through the probate process? – North Carolina Short Answer In North Carolina, transferring a family home after a co-owner dies without a will usually requires opening an estate with the Clerk of Superior Court so a personal representative can identify the heirs and clear the title record. Even…
Can we wait two years to sell and avoid notifying creditors or opening probate? – North Carolina Short Answer Sometimes, but it depends on what is being sold and when. In North Carolina, if a decedent owned North Carolina real estate in the decedent’s name alone, sales by heirs within two years after death can…
What is a year’s allowance and how do I properly request it for beneficiaries? – North Carolina Short Answer In North Carolina probate, a “year’s allowance” is a statutory support allowance taken from the decedent’s personal property for a surviving spouse and, in some cases, eligible children. It is requested by filing a verified petition…
How can I open an ancillary probate to sell an out-of-state home when the main estate may be insolvent? – North Carolina Short Answer In North Carolina, an “ancillary” estate administration is a separate, limited estate case opened in the county where the decedent owned property in North Carolina, when the main (domiciliary) estate is…
Do I need to inventory a joint bank account during probate and how do I obtain the signature card? – North Carolina Short Answer In North Carolina, a joint bank account may or may not be a probate asset, but the personal representative often still needs to list it on the estate inventory and provide…
How does a court-ordered partition action work? – North Carolina Short Answer In North Carolina, a court-ordered partition is a special court process that lets a co-owner of real estate force either (1) a physical division of the property (partition in kind) or (2) a court-supervised sale with the proceeds divided among the owners (partition…
