Category Archives: Probate Q&A Series

Can I use statements from the supplemental needs trust instead of original bank statements for final accounting?: Answer under North Carolina law

Can I use statements from the supplemental needs trust instead of original bank statements for final accounting? – North Carolina Short Answer No. For a North Carolina final account, the Clerk audits the estate’s receipts and disbursements and expects the personal representative to produce vouchers (like canceled checks or paid invoices) and estate bank statements…

How do I show home sale proceeds and repair expenses in the estate’s final accounting?: North Carolina

How do I show home sale proceeds and repair expenses in the estate’s final accounting? – North Carolina Short Answer In North Carolina, you report estate money in the final account on AOC-E-506 as receipts and disbursements, each backed by vouchers (like closing statements, canceled checks, and itemized receipts). If the personal representative sold the…

What records do I need to prove where money went after closing the decedent’s original bank accounts?: A North Carolina probate guide

What records do I need to prove where money went after closing the decedent’s original bank accounts? – North Carolina Short Answer In North Carolina, your final account to the Clerk of Superior Court must be supported by “vouchers” for every dollar that left the estate and receipts for each distribution. Acceptable proof includes bank…

How do I prepare a final accounting when estate funds moved into multiple trust and estate accounts?: North Carolina

How do I prepare a final accounting when estate funds moved into multiple trust and estate accounts? – North Carolina Short Answer In North Carolina, your final account must show every dollar that came into the estate (receipts) and every dollar paid out (disbursements and distributions), with backup documents for each entry. Transfers between estate…

How can I request estate documents from an executor?: North Carolina probate guide

How can I request estate documents from an executor? – North Carolina Short Answer In North Carolina, most estate documents you want—like the 90-day inventory and annual or final accountings—are filed with the Clerk of Superior Court and are publicly available. If the executor has not filed what the law requires, you (as an interested…

How can I transfer title of my deceased parent’s vehicle to the surviving spouse?: North Carolina

How can I transfer title of my deceased parent’s vehicle to the surviving spouse? – North Carolina Short Answer In North Carolina, ask the Clerk of Superior Court to assign the vehicle to the surviving spouse as part of the spouse’s $60,000 year’s allowance. Once the clerk signs the Application and Assignment of Year’s Allowance…

What proof and documents are required to show the surviving spouse’s entitlement?: Answered for North Carolina

What proof and documents are required to show the surviving spouse’s entitlement? – North Carolina Short Answer In North Carolina, a surviving spouse can claim a motor vehicle through the spousal year’s allowance by filing an Application and Assignment of Year’s Allowance (AOC‑E‑100) with the Clerk of Superior Court and listing the vehicle. Bring proof…

Do I need to open probate to transfer a car titled only in the decedent’s name?

Do I need to open probate to transfer a car titled only in the decedent’s name? – North Carolina Short Answer Often, no. In North Carolina, you can usually retitle a vehicle without opening full probate by (1) having the Clerk of Superior Court assign the car to the surviving spouse as part of the…

What is the process for filing a year’s allowance petition through the court clerk?: North Carolina

What is the process for filing a year’s allowance petition through the court clerk? – North Carolina Short Answer In North Carolina, the surviving spouse files an Application and Assignment of Year’s Allowance (AOC‑E‑100) with the Clerk of Superior Court in the decedent’s county. The clerk can assign up to $60,000 of the decedent’s personal…

What should I prepare for the DMV after the court approves the year’s allowance?: North Carolina

What should I prepare for the DMV after the court approves the year’s allowance? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court assigns the year’s allowance to the surviving spouse and lists the vehicle, bring a certified copy of that order, the original title signed correctly, the DMV title…