What happens if the surviving spouse or named executor never files the will—can I start probate myself after the waiting period? – North Carolina Short Answer In North Carolina, an “interested person” can often start the estate process with the Clerk of Superior Court even if the surviving spouse or named executor is delaying. There…
How can I find out who is officially in charge of my spouse’s estate and whether probate has actually been opened? – North Carolina Short Answer In North Carolina, probate (estate administration) is handled through the Clerk of Superior Court in the county where the estate is opened. The quickest way to confirm whether an…
What can I do if the estate denies my claim for money I’m owed after I submit an invoice? – North Carolina Short Answer In North Carolina, a personal representative (executor/administrator) can deny a creditor’s invoice/claim, but that denial is not always the end of the road. The next step is usually to file a…
Does a dispute about a will or inheritance stop a tax sale or foreclosure on the property? – North Carolina Short Answer Usually, no. In North Carolina, a will dispute or inheritance fight does not automatically stop a county tax foreclosure or a lender’s foreclosure from moving forward, because those processes focus on unpaid taxes…
Does a mobile home count as real estate or personal property for inheritance, and how does that affect whether probate is required? – North Carolina Short Answer In North Carolina, a mobile/manufactured home can be treated as either personal property (like a titled vehicle) or as part of the real estate (an improvement to land),…
How do I claim unclaimed property that’s in my deceased parent’s name if I don’t have the account paperwork anymore? – North Carolina Short Answer In North Carolina, unclaimed bank assets in a deceased parent’s name are usually claimed through the NC State Treasurer’s Unclaimed Property program by proving (1) the owner’s identity and death…
How do I properly serve the executor with a petition to present the will, and who is allowed to serve it? – North Carolina Short Answer In North Carolina, if the executor named in the will does not apply to probate the will within 60 days after death, an interested person may apply to probate…
What documents are usually needed to finalize an estate, and what can cause them to be delayed? – North Carolina Short Answer In North Carolina, an estate is usually finalized when the personal representative files a complete Final Account with the Clerk of Superior Court (Estates Division) and the Clerk approves it. To get there,…
Do I need the death certificate to file the will and move forward with transferring the deed? – North Carolina Short Answer Usually, a certified death certificate is not strictly required to start the probate process or to submit a will for probate with the Clerk of Superior Court in North Carolina. However, the Clerk…
Do we need a partition action if the will leaves the property to one person but other family members are disputing it? – North Carolina Short Answer Usually, no. In North Carolina, a partition action is mainly a tool for co-owners (like tenants in common) to divide or sell property, not a tool to decide…
