How can I get estate records and creditor information from a co-administrator who won’t respond or share documents? – North Carolina Short Answer In North Carolina, a co-administrator who is not sharing estate records can often be addressed through the Clerk of Superior Court (Estates). Common next steps include (1) getting copies of what has…
How do I start a simple probate case when there is a will and only one beneficiary? – North Carolina Short Answer In North Carolina, a “simple” probate case with a will usually starts by taking the original will (and proof of death) to the Clerk of Superior Court in the county where the person…
Do I need to open probate if my parent didn’t really have assets besides household items? – North Carolina Short Answer Often, no. In North Carolina, probate (estate administration with the Clerk of Superior Court) is usually needed only when there are assets titled in the deceased person’s name alone that must be collected, sold,…
Can estate property be sold before everything is fully settled, and what steps are required? – North Carolina Short Answer Yes. In North Carolina, estate property (including real estate) can often be sold during the probate process, before the estate is fully settled, but the required steps depend on who has authority to sell and…
Why would the court still require the other heirs to sign paperwork letting me serve as executor? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court controls who gets appointed and what protections apply before issuing Letters Testamentary. Even when a will names an executor, the clerk may still require heirs…
If we file joint returns for past years and the estate can’t pay the full tax bill, can the IRS come after me personally for the balance? – North Carolina Short Answer Yes. Signing a joint federal income tax return generally makes each spouse jointly responsible for the full tax, interest, and penalties on that…
What can a beneficiary or interested person do if they think the personal representative is intentionally running up costs by delaying the case? – North Carolina Short Answer In North Carolina, an “interested person” can ask the Clerk of Superior Court (Estates Division) to step in when a personal representative delays required filings or administration.…
Can the bank keep refusing to release the funds even after I show I’m the court-appointed estate representative, and what can I do to challenge that? – North Carolina Short Answer In North Carolina, a bank usually should work with a properly appointed personal representative who presents current Letters Testamentary or Letters of Administration. However,…
What is an annual accounting in an estate case, and why does it have to be submitted to the clerk? – North Carolina Short Answer In a North Carolina estate administration, an annual accounting (often called an “annual account”) is a formal report showing what the personal representative received, spent, and still holds for the…
How do I prove a home is supposed to be mine if it’s titled in my deceased relative’s name but I made the payments under a written agreement? – North Carolina Short Answer In North Carolina, the strongest way to prove the home was supposed to transfer is to show a valid written agreement to…
