What can be done if relatives are using, renting, or paying taxes on estate property before the estate is formally administered? – NC Short Answer In North Carolina, the first step is usually to open the estate and have a personal representative appointed by the Clerk of Superior Court. Once appointed, that representative can gather…
How do I request a court hearing to decide who gets letters of administration when there is a competing application? – NC Short Answer In North Carolina, a dispute over who should receive letters of administration is usually handled by the Clerk of Superior Court in the estate file. When there is a competing application,…
How do I find out if my parent had a pension, retirement account, or life insurance through an employer, and whether there are beneficiaries listed? – NC Short Answer In North Carolina, the usual way to find employer-related benefits after a parent dies is to contact current and former employers, ask for plan and beneficiary…
Does a prior felony conviction prevent someone from serving as the estate administrator, and how is that issue raised in court? – NC Short Answer Yes, in North Carolina, a prior felony conviction can prevent a person from serving as an estate administrator if that person’s citizenship rights have not been restored. The issue is…
Can a paralegal or legal assistant request an estate file transfer, or does it have to come directly from the attorney? – NC Short Answer In North Carolina, a prior lawyer may usually require a direct written request from the attorney who is taking over the probate matter, or from the client or personal representative…
Can most of the heirs nominate one person to be administrator if another heir with priority objects? – NC Short Answer Usually not by majority vote alone. In North Carolina, if competing heirs are in the same priority class and one heir with equal priority objects or files a competing application, the clerk of superior…
Can I get copies of estate filings or probate documents, and what is the process to request them? – NC Short Answer Yes. In North Carolina, probate and estate administration records are usually handled by the Clerk of Superior Court in the county where the estate was opened, and many filed estate documents can be…
How do I prove a copy of a will is valid if the original can’t be located? – NC Short Answer In North Carolina, a photocopy of a will can sometimes be admitted to probate, but the person offering it usually must overcome a serious problem: if the original was last in the testator’s possession…
Do I have to go through probate to transfer my grandparent’s house or land to the family? – NC Short Answer Usually, no full probate is not always required just because a grandparent died owning a house or land in North Carolina. The answer depends on how title was held, whether there was a valid…
Can I still serve as executor if the will names me but there are later markings that suggest changes? – NC Short Answer Maybe, but not automatically. In North Carolina, the clerk of superior court must decide which document, if any, can be admitted to probate, and unsigned handwritten markings on a photocopy usually do…
