Category Archives: Probate Q&A Series

What legal steps can I take to secure my spousal allowance and elective share when my husband’s will is contested alongside conflicting property interests?

What Are My Rights as a Surviving Spouse Regarding the Spousal Allowance and Elective Share? A surviving spouse in North Carolina holds important rights during probate, even when a will contains conflicting provisions. Under state law, you may file for a spousal allowance—the first $60,000 in assets—as well as an elective share, which in cases…

What are my responsibilities for setting up and managing an estate bank account, handling creditor notifications, and meeting court deadlines?

What are the responsibilities of a personal representative in North Carolina probate? A personal representative in North Carolina must follow the oath and affirmation signed upon appointment. In this role, you are charged with managing the decedent’s estate in strict accordance with North Carolina probate law. This means gathering and inventorying assets, notifying creditors, managing…

What does it mean to waive my right to serve as the estate administrator, and will it affect my inheritance?

What Does It Mean to Waive My Right to Apply as Estate Administrator in Probate? In probate matters, waiving your right to apply as the estate administrator means you are choosing not to seek the authority to manage the estate’s affairs. This decision does not affect your entitlement to inherit any assets designated to you.…

What are the differences between obtaining power of attorney and pursuing guardianship for an elderly family member experiencing cognitive and physical decline?

What Are the Differences Between Power of Attorney and Guardianship in North Carolina? In North Carolina, planning for a loved one’s future care typically involves using either a power of attorney (POA) or pursuing guardianship. A POA allows an individual with capacity to designate someone to make health care and financial decisions on their behalf.…

Do I have to use my joint account to cover probate expenses and funeral costs, and what legal limits or reimbursement caps apply?

Can I Use a Joint Account During the Probate Process? In North Carolina, joint accounts with rights of survivorship can be a convenient tool. However, their use in probate matters comes with important limitations. A joint account is often treated as “part two property” and may be used to pay estate debts, such as credit…

What key questions should I ask to verify an attorney’s experience in handling contested probate cases?

How Do I Find an Attorney Experienced with Contested Probate Cases in North Carolina? Detailed Answer Finding an attorney who handles contested probate cases is crucial when disputes arise among heirs or creditors. In North Carolina, cases involving contested wills or disagreements over the distribution of assets require legal guidance from an attorney familiar with…

Why does the probate process require waiting for the clerk’s approval of the final account before I can transfer the property title, and how long does this typically take?

Why is my probate estate still open even after submitting the final account? In North Carolina, even when all paperwork appears to be completed, an estate may still remain open until the court clerk approves the final account. The probate process entails a waiting period to allow for any potential creditor claims—even if none are…

How can I reopen a probate case if I suspect the executor undervalued assets and made fiduciary errors?

Frequently Asked Questions About Probate Administration in North Carolina Can a Holographic Will from Another State Be Probated in North Carolina? North Carolina courts will consider a holographic will from another state, but several challenges may arise. In our experience handling probate in Craven County and beyond, a holographic will must meet North Carolina’s legal…

How can I ensure I’m speaking with the correct attorney specialized in trust and estate matters through the referral service?

How Can a Probate Attorney Help with Trust Administration in North Carolina? A probate attorney in North Carolina can offer invaluable assistance with trust administration. When a trust is created, reviewing its provisions and ensuring they comply with North Carolina law is essential. The attorney helps interpret trust language, advises on asset management, and guides…

Do I need to include additional proofs—like a notarized copy of the will or death certificates—when filing my probate application?

Do I Need to Attach Supporting Documents When Filing a Probate Application? When filing a probate application in North Carolina, you generally need to submit the required forms and a notarized copy of the will, if available. In many cases, you do not have to include additional supporting documents such as death certificates unless the…