What happens to bank accounts, debts, and personal property immediately after someone dies? – North Carolina Short Answer In North Carolina, assets and debts do not automatically move into a family member’s name the moment someone dies. Property that was only in the decedent’s name is generally handled through the Clerk of Superior Court probate…
What are the risks of keeping insurance and registration in the deceased person’s name while I hold the vehicle? – North Carolina Short Answer In North Carolina, keeping a car’s registration and insurance in a deceased owner’s name while someone else possesses and uses the vehicle can create major problems. The biggest risks are an…
How do we list real estate located in different counties on the estate inventory, and when would the administrator need a court order to bring it under estate control? – North Carolina Short Answer In North Carolina, an administrator lists each parcel of real estate on the estate inventory as a separate item and identifies…
What happens if a year’s allowance for my sibling isn’t filed by the deadline, and can it be submitted late? – North Carolina Short Answer In North Carolina, missing the filing window for a year’s allowance can mean the allowance claim is lost, especially when a personal representative has been appointed and letters have been…
How do we close an intestate estate with a single house if a sibling won’t cooperate? – North Carolina Short Answer In North Carolina, an intestate estate that mainly consists of one house often cannot be “closed” until the house is either distributed in kind to the heirs (so they own it together) or sold…
Who is entitled to inherit the insurance payout if the beneficiary died intestate with no children? – North Carolina Short Answer In North Carolina, if the named life insurance beneficiary died before the insured (and there is no surviving contingent beneficiary), the insurance company generally pays the proceeds to the insured’s estate, not to the…
How do I get a corrected deed for the land transfer after the courthouse rejected the original description? – North Carolina Short Answer In North Carolina, a rejected deed usually gets fixed by preparing and re-submitting a corrected deed with a complete, recordable legal description and proper notarization, then recording it with the county Register…
Can a predeceased child’s adopted child still inherit under estate laws? – North Carolina Short Answer Yes, in North Carolina, an adopted child is generally treated the same as a biological child for inheritance purposes through the adoptive family. If a decedent’s child died before the decedent but left an adopted child (a grandchild of…
What steps are involved in replacing or removing the current administrator? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (Estates Division) can remove an administrator by revoking the administrator’s “letters” if statutory grounds exist, and then appoint a successor. Removal can happen either (1) without a hearing in a few…
How can I review and obtain a copy of my grandmother’s will and probate records? – North Carolina Short Answer In North Carolina, a will that has been filed with (and especially admitted to) probate is generally part of the estate file kept by the Clerk of Superior Court in the county where the estate…
