Category Archives: Probate Q&A Series

What steps do I need to take to start a probate case for the decedent’s estate in North Carolina?: What steps do I need to take to start a probate case for the decedent’s estate in North Carolina?

What steps do I need to take to start a probate case for the decedent’s estate in North Carolina? Short Answer In North Carolina, you start probate by filing an application for letters (with or without a will) with the Clerk of Superior Court in the county where the decedent was domiciled. If no family…

What documentation is required to update the property deed after inheriting under a will?

What documentation is required to update the property deed after inheriting under a will? – North Carolina Short Answer In North Carolina, you generally update title by probating the will and then recording a certified copy of the probated will and the clerk’s Certificate of Probate in the county where the real estate is located.…

Do I need to open an estate case to record my inheritance if the will names me as sole beneficiary?

Do I need to open an estate case to record my inheritance if the will names me as sole beneficiary? – North Carolina Short Answer In North Carolina, you usually do not need a full estate administration to put inherited real estate in your name. If real property is the only asset to transfer, you…

How can I transfer inherited real property through a will without a full probate administration?: Practical steps in North Carolina

How can I transfer inherited real property through a will without a full probate administration? – North Carolina Short Answer In North Carolina, you can transfer title to inherited real estate by probating the will without qualifying a personal representative and then recording a certified copy of the probated will in the county where the…

Can I use a small-estate procedure to change the deed into my name?

Can I use a small-estate procedure to change the deed into my name? – North Carolina Short Answer No. In North Carolina, the small-estate affidavit is for collecting and distributing personal property, not for transferring title to real estate. To update the deed when a will leaves you the property, you typically probate the will…

What steps do I need to file a will for record to clear title on inherited property?

What steps do I need to file a will for record to clear title on inherited property? – North Carolina Short Answer In North Carolina, you must have the will admitted to probate (not just “filed for record”) to pass title to real property. If you do not need a full estate, you can probate…

What filings are required to complete administration, including inventory, accounting, final distribution, and tax returns?: North Carolina Probate

What filings are required to complete administration, including inventory, accounting, final distribution, and tax returns? – North Carolina Short Answer In North Carolina, a personal representative must publish and serve notice to creditors, file a 90-day inventory, submit annual and/or final accountings with vouchers, pay valid claims in order, file required tax returns, and obtain…

When and how do I open an estate bank account and transfer assets into it?: North Carolina guidance

When and how do I open an estate bank account and transfer assets into it? – North Carolina Short Answer In North Carolina, open the estate bank account as soon as you qualify and receive your Letters from the Clerk of Superior Court. Get an EIN for the estate, bring your Letters and EIN to…

Can I pay bills from my parent’s accounts before court approval, or must I wait for each claim to be validated?: North Carolina probate guidance

Can I pay bills from my parent’s accounts before court approval, or must I wait for each claim to be validated? – North Carolina Short Answer In North Carolina, once you are appointed personal representative and move funds into an estate account, you may pay necessary administration costs and certain priority expenses without separate court…

What steps do I need to take to obtain IRS tax transcripts during probate?

What steps do I need to take to obtain IRS tax transcripts during probate? – North Carolina Short Answer In North Carolina, an executor can obtain IRS tax transcripts by first qualifying with the Clerk of Superior Court and securing Letters (proof of authority). Then file IRS Form 56 to notify the IRS of your…