How do I properly file the affidavit of notice to creditors if the court only has the publisher’s affidavit on record? – North Carolina Short Answer In North Carolina, the clerk needs two different proofs for notice to creditors in an estate: (1) the newspaper’s affidavit of publication and (2) the personal representative’s affidavit of…
How quickly do we need to respond to a creditor claim against the estate? – North Carolina Short Answer Under North Carolina probate law, a personal representative should review each written creditor claim as it comes in and decide whether to pay, negotiate, “refer,” or reject it before making final distributions. If the representative rejects…
What do creditor claims in an estate mean and how are they handled? – North Carolina Short Answer In North Carolina probate, creditor claims are formal, written demands from people or businesses saying the decedent owed them money, and they must be handled in a specific way and order. The personal representative publishes and mails…
Can we dispute or negotiate a creditor claim if it looks incorrect or too high? – North Carolina Short Answer Under North Carolina probate law, the personal representative can dispute, reduce, or reject a creditor’s claim that appears incorrect, inflated, or not legally owed. The claim must be reviewed for proper form, amount, and legal…
Who should join the attorney call about estate debts, and what documents should we prepare? – North Carolina Short Answer For a North Carolina probate matter, the best people to join an attorney call about estate debts are the person likely to serve as personal representative and any close relative who knows the decedent’s finances.…
What happens if the estate does not have enough funds to pay all creditor claims? – North Carolina Short Answer Under North Carolina law, when an estate cannot pay all creditor claims, the personal representative must follow a strict order of priority set by statute. Higher-priority expenses and claims (such as administration costs, certain liens,…
Do beneficiary‑only assets need to be listed on the probate forms, and do they affect the estate’s fee calculation? – North Carolina Short Answer Under North Carolina law, most beneficiary-only or other nonprobate assets (such as life insurance or retirement accounts payable to a named person, or POD/TOD accounts) are generally not listed on the…
How can I move forward with my probate case after missing a filing deadline? – North Carolina Short Answer Under North Carolina law, whether a probate case can move forward after a missed filing deadline depends on which deadline was missed and how much time has passed. Some deadlines are hard cutoffs that cannot be…
Does it matter if I live in a different county than where the death occurred when filing to amend the certificate? – North Carolina Short Answer Under North Carolina law, the key county for amending a death certificate is the county where the death was registered, not the county where the requester now lives. The…
How do I probate a home that a relative left to me? – North Carolina Short Answer In North Carolina, a home left by a relative through a will normally passes to the named beneficiary once the will is admitted to probate in the county where the decedent lived, and certified copies are filed in…
