What level of detail is required when listing household items, jewelry, and other personal property instead of a generic miscellaneous entry? NC

Probate Q&A Series

What level of detail is required when listing household items, jewelry, and other personal property instead of a generic miscellaneous entry? – North Carolina Short Answer In North Carolina estate administration, an Inventory generally must identify probate assets with enough detail that the Clerk of Superior Court can tell what the item is and confirm…

How can I get the vehicles appraised fairly when different people involved can’t agree on the method or appraiser? NC

Probate Q&A Series

How can I get the vehicles appraised fairly when different people involved can’t agree on the method or appraiser? – North Carolina Short Answer In North Carolina probate, the usual goal is a fair market value for each vehicle as of the date of death, supported by reliable information (condition, mileage, comparable sales) and documented…

After I sign and notarize the required pages, what is the next step for submitting the years-allowance paperwork? NC

Probate Q&A Series

After I sign and notarize the required pages, what is the next step for submitting the years-allowance paperwork? – North Carolina Short Answer In North Carolina, the next step is to file the signed, notarized (verified) year’s-allowance application with the Clerk of Superior Court in the county where venue is proper for the estate. If…

What are my rights to be on the property during the buyer’s walkthrough and before closing while I’m finishing move‑out? NC

Probate Q&A Series

What are my rights to be on the property during the buyer’s walkthrough and before closing while I’m finishing move‑out? – North Carolina Short Answer In North Carolina, the seller (or, in an estate sale, the personal representative acting for the estate) usually has the right to be on the property up to closing because…

How do I keep the estate accounting current while we wait for the creditor to update the court record? NC

Probate Q&A Series

How do I keep the estate accounting current while we wait for the creditor to update the court record? – North Carolina Short Answer In North Carolina, the personal representative can keep the estate accounting “current” by updating the working (draft) accounting to reflect the creditor payment, gathering written proof of payment, and preparing a…

Do I need to be appointed as executor or administrator before legal fees can be paid from estate funds? – NC

Probate Q&A Series

Do I need to be appointed as executor or administrator before legal fees can be paid from estate funds? – North Carolina Short Answer In North Carolina, estate money generally should not be used to pay an attorney until someone is officially qualified as the estate’s personal representative (executor or administrator) and has authority to…

Do banks accept a scanned, notarized affidavit by email, or do they require mailing the original document? – NC

Probate Q&A Series

Do banks accept a scanned, notarized affidavit by email, or do they require mailing the original document? – North Carolina Short Answer In North Carolina, a financial institution may accept a scanned, notarized affidavit by email, but North Carolina law usually does not force the institution to do so. Many banks still require the original…

Can a second cousin serve as the personal representative if the closest heirs are cousins who live out of state and aren’t involved? – NC

Probate Q&A Series

Can a second cousin serve as the personal representative if the closest heirs are cousins who live out of state and aren’t involved? – North Carolina Short Answer Sometimes. In North Carolina, the Clerk of Superior Court usually must appoint an eligible person with higher priority first (such as an heir, including a closer cousin),…