Category Archives: Probate Q&A Series

Does filing a small‑estate affidavit help in a situation with few assets and significant medical or credit card debt, or will creditors just take whatever is recovered?

Does filing a small‑estate affidavit help in a situation with few assets and significant medical or credit card debt, or will creditors just take whatever is recovered? – North Carolina Short Answer In North Carolina, a small-estate affidavit (often called “collection of personal property by affidavit”) can still help because it is a faster, simpler…

How can I confirm from the old deed whether the married co-owners had survivorship and what that means for my share today? NC

How can I confirm from the old deed whether the married co-owners had survivorship and what that means for my share today? – North Carolina Short Answer In North Carolina, survivorship in real estate usually shows up in the deed’s exact ownership wording. If the deed put the married couple in a form of ownership…

How can I correctly complete an affidavit of domicile without mistakes and get it notarized? NC

How can I correctly complete an affidavit of domicile without mistakes and get it notarized? – North Carolina Short Answer In North Carolina, an affidavit of domicile is usually a financial-institution form used to confirm where the decedent’s legal residence (domicile) was at death so the institution can release or transfer assets. To complete it…

Am I personally responsible for a deceased relative’s credit card debt?

Am I personally responsible for a deceased relative’s credit card debt? – North Carolina Short Answer Usually, no. In North Carolina, a deceased person’s credit card debt is generally paid (if at all) from the deceased person’s estate, not from a family member’s personal money. A relative can become personally responsible only in specific situations,…

What happens if a lender files a claim on a car loan that also lists the former spouse—can the estate be protected if their agreement said they would pay? NC

What happens if a lender files a claim on a car loan that also lists the former spouse—can the estate be protected if their agreement said they would pay? – North Carolina Short Answer In North Carolina, if the decedent signed the car loan, the lender can usually file a creditor claim against the estate…

Do I need to deposit reimbursed funds with the court clerk or can I manage them directly in the estate account?

Do I need to deposit reimbursed funds with the court clerk or can I manage them directly in the estate account? – North Carolina Short Answer In North Carolina, a personal representative will usually deposit a reimbursement back into the estate’s own estate bank account and report it as a receipt on the final account.…

What steps are required to sell a car that belonged to someone while their estate is going through probate? NC

What steps are required to sell a car that belonged to someone while their estate is going through probate? – North Carolina Short Answer In North Carolina, a car titled only in a deceased person’s name is usually sold by the court-appointed personal representative (executor or administrator), not by family members using a power of…

How can I get a full accounting of the credit union account and insurance proceeds in the estate? NC

How can I get a full accounting of the credit union account and insurance proceeds in the estate? – North Carolina Short Answer In North Carolina, the personal representative (often called the administrator) must file an inventory and later file accountings with the Clerk of Superior Court showing estate receipts, disbursements, and distributions. An heir…

What steps do I need to take to deduct current property taxes from one heir’s share at closing? NC

What steps do I need to take to deduct current property taxes from one heir’s share at closing? – North Carolina Short Answer In North Carolina, the cleanest way to deduct one heir’s current property taxes from that heir’s share at a probate real estate closing is to (1) document the agreement/authority for the deduction…

How can I obtain a copy of the will my parent filed with the court? NC

How can I obtain a copy of the will my parent filed with the court? – North Carolina Short Answer In North Carolina, once a will has been admitted to probate, it becomes a public court record kept by the Clerk of Superior Court in the county where the estate is opened. A copy can…