What steps are needed to use a small estate affidavit to collect my mom’s bank account and pension check? – North Carolina Short Answer In North Carolina, you can use a “collection by affidavit” small‑estate process to gather a decedent’s personal property (like a bank account or a pension check payable to the estate) if…
Do my sibling and I have rights to the parents’ house if we haven’t been appointed as estate administrators? – North Carolina Short Answer In North Carolina, title to a parent’s real estate that was not held with survivorship generally vests in the heirs at death (or in the will’s devisees once the will is…
Can a quitclaim deed satisfy the mortgage company’s requirement for inherited property? – North Carolina Short Answer In North Carolina, title to a home passes to heirs at death in an intestate estate, subject to the personal representative’s right to use the property to pay estate debts. A quitclaim deed from you to yourself does…
Do I need to record a quitclaim deed to transfer my inherited home into my name, or does title vest automatically in probate? – North Carolina Short Answer In North Carolina, title to a non‑survivorship home usually vests automatically in the heir at death. You do not need a quitclaim deed just to “put it…
How do I properly finalize and submit a complete estate accounting so the probate clerk will accept it? – North Carolina Short Answer In North Carolina, your final account must reconcile exactly from the opening inventory or last account through all receipts and disbursements, include vouchers for every payment, show how each creditor claim was…
What steps do I need to take to resolve a creditor’s claim on a repossessed vehicle before closing the estate? – North Carolina Short Answer In North Carolina probate, treat a repossessed car lender as a secured creditor only up to the value of the collateral; any leftover balance (deficiency) is an unsecured claim paid…
What happens if my probate accounting is rejected multiple times and I need to close the estate quickly? – North Carolina Short Answer In North Carolina, the Clerk audits every estate account and can require you to fix errors or provide receipts before approving a final accounting. If the final account is still unsatisfactory, the…
How can I confirm I’m receiving the correct net proceeds when selling an estate home? – North Carolina Short Answer In North Carolina, confirm your net proceeds by verifying that you have legal authority to sell, and then reviewing the closing attorney’s settlement statement built on a title search and written payoff letters. Check that…
What happens if a lien is mistakenly claimed on my property during the probate sale? – North Carolina Short Answer In North Carolina, a probate sale should not be delayed or reduced by a lien that does not exist in the public record. The closing attorney confirms all liens through a current title search; if…
How can I verify whether a judgment lien exists on estate property before closing? – North Carolina Short Answer In North Carolina, a judgment lien exists on real estate only if a money judgment is docketed with the Clerk of Superior Court in the county where the property sits. The lien lasts 10 years from…
