What can I do if the executor and the executor’s attorney were paid but the other beneficiaries received nothing? – North Carolina Short Answer In North Carolina, beneficiaries can ask the Clerk of Superior Court (the probate court) to require the executor (personal representative) to file a complete accounting and explain distributions, and to enter…
How do I find out if I’m named in a deceased relative’s will if I was never notified? – North Carolina Short Answer In North Carolina, the most reliable way to find out whether a deceased relative had a will (and whether probate was opened) is to check the estate records at the Clerk of…
Can estate money be used to pay for cleaning, junk removal, or pest treatment so the house can be sold, and what approvals are needed? – North Carolina Short Answer Yes. In North Carolina, a personal representative (executor or administrator) can usually use estate funds to pay reasonable costs to preserve and prepare estate property…
Do I have to open probate if the only asset is a bank account? – North Carolina Short Answer Not always. In North Carolina, whether probate is required usually depends on how the bank account is titled (for example, joint with right of survivorship or payable-on-death) and the account’s value. If the account was solely…
How do I open an estate in North Carolina if my relative died and I live out of state? – North Carolina Short Answer In North Carolina, an estate is opened by qualifying a personal representative (an executor if there is a will, or an administrator if there is no will) with the Clerk of…
How can I find out what assets are in the estate, like deeds or other public records, if I don’t have access to the accounts? – North Carolina Short Answer In North Carolina, the most reliable way to identify estate assets without account access is to (1) check public records (especially the county Register of…
What happens if the court issues executor authority to someone under the wrong will before my newer will is heard? – North Carolina Short Answer In North Carolina, an older will can be admitted to probate first and the Clerk of Superior Court can issue letters testamentary to the named executor before anyone presents a…
How do I get officially appointed as executor so I can start handling the estate and pay ongoing bills? – North Carolina Short Answer In North Carolina, an executor gets official authority by qualifying with the Clerk of Superior Court in the proper county and receiving “Letters Testamentary.” Those letters are the court-issued document banks,…
If the inherited out-of-state property is not part of the estate, who is responsible for the property taxes going forward? – North Carolina Short Answer Under North Carolina probate practice, if real property passes outside the probate estate (for example, it transfers directly to an heir or beneficiary by operation of law), the ongoing property…
Can a parent serve as trustee or representative for a minor child’s share of an estate, and what paperwork does the court usually require? – North Carolina Short Answer Yes. In North Carolina, a parent can often be appointed by the Clerk of Superior Court to manage a minor child’s inheritance, but the parent usually…
