How do I handle a deceased relative’s bank account if the bank says it will be sent to unclaimed property? – North Carolina Short Answer In North Carolina, the safest way to prevent a deceased person’s bank funds from drifting into “unclaimed property” is to have a court-appointed personal representative (executor/administrator) promptly present certified Letters…
What information and documents do I need to provide to file the estate application? – North Carolina Short Answer In North Carolina, an estate application filed with the Clerk of Superior Court usually requires basic identifying information about the decedent, a death record (often a certified death certificate), the original will (if there is one),…
What happens if there is no will, or if we are not sure whether a will exists? – North Carolina Short Answer In North Carolina, if no valid will is found and admitted to probate, the estate is handled as an “intestate” estate, meaning state law decides who inherits and who can serve as the…
If the deceased person did not own any real estate, do we still need to go through probate? – North Carolina Short Answer Not always. In North Carolina, probate (estate administration under the Clerk of Superior Court) is generally needed when the deceased person owned property in their name alone, even if there is no…
If the deceased person did not own any real estate, do we still need to go through probate? – North Carolina Short Answer Not always. In North Carolina, probate (estate administration with the Clerk of Superior Court) is generally needed when the deceased person owned property in their name alone, even if there is no…
If the deceased person did not own any real estate, do we still need to go through probate? – North Carolina Short Answer Not always. In North Carolina, probate (estate administration under the Clerk of Superior Court) is generally needed when the deceased person owned property in their name alone, even if that property is…
How long does the estate process usually take and what are the next steps after filing? – North Carolina Short Answer In North Carolina, a routine estate administration commonly takes several months to more than a year, and longer if there are hard-to-value assets, creditor issues, or disputes. After the estate is opened and the…
How do I open an estate for my deceased child and get appointed to handle the estate? – North Carolina Short Answer In North Carolina, an estate is opened by filing an application with the Clerk of Superior Court in the proper county and asking to be appointed as the estate’s personal representative. If the…
Who is allowed to receive and file the original will with the probate court? – North Carolina Short Answer In North Carolina, the original will is filed with (and kept by) the Clerk of Superior Court, acting as the judge of probate. The person named as executor in the will should deliver the original will…
What’s the difference between a will being recorded and a will being probated? – North Carolina Short Answer In North Carolina, a will being recorded generally means the document has been filed or entered into a records system, but it has not necessarily been accepted by the court as valid. A will being probated means…
