If the administrator is removed, how does the court decide who gets appointed next, and can another heir step in as administrator? – North Carolina Short Answer In North Carolina, if a personal representative (often called an “administrator” or “executor”) is removed, the Clerk of Superior Court typically appoints a successor using the same priority…
Do we have to include a vehicle in the estate inventory if it’s not currently in anyone’s possession? – North Carolina Short Answer Usually, yes. In North Carolina estate administration, a vehicle should generally be listed on the estate inventory if it was owned by the decedent at death and is part of the probate…
How do I calculate the personal representative’s commission correctly for an estate administration? – North Carolina Short Answer In North Carolina, a personal representative’s commission is set by the Clerk of Superior Court and is usually calculated as a percentage (up to a statutory maximum) of the estate’s commissionable receipts and commissionable disbursements. The most…
What does it mean when a law firm requests Medicaid documents during an estate case? – North Carolina Short Answer In a North Carolina estate administration, a law firm usually requests Medicaid documents to confirm whether the State has a valid Medicaid Estate Recovery claim that must be addressed before the estate can close and…
What happens next after the court responds about a vehicle transfer request? – North Carolina Short Answer In North Carolina, the next step usually depends on what the Clerk of Superior Court “responded” with—either a request to fix or add documents, or a signed certificate/affidavit that can be taken to the NCDMV to retitle the…
When is an inheritance-advance payoff actually due if there is no stated due date? – North Carolina Short Answer In North Carolina probate, an inheritance-advance payoff is usually not “due” just because a funding company asks for it. If the contract does not state a due date, the practical due date is typically tied to…
How do I start probate if my parent died outside the country and I’m still waiting on the official death certificate? – North Carolina Short Answer In North Carolina, an estate can often be opened with the Clerk of Superior Court even if the official death certificate is delayed, because the Clerk can accept other…
Can text messages showing I was blocked from contacting my parent be used to support a will contest? – North Carolina Short Answer Yes. In North Carolina, text messages showing that a sibling or other person blocked contact or controlled access can help support a will contest (often called a “caveat”)—especially when the challenge is…
What happens if I can’t get written proof from the insurer before the court’s deadline? – North Carolina Short Answer In North Carolina estate administration, missing a Clerk of Superior Court deadline to file requested documentation can delay approval of reimbursement and slow down the estate’s timeline for paying creditor claims and making final distributions.…
Can a caregiver or caretaker legally tell me where the deceased person banked, or do I need court paperwork first? – North Carolina Short Answer In North Carolina, a caregiver or caretaker usually is not legally required (and often is not legally allowed) to disclose a deceased person’s banking information to family members or other…
