Can we wait until the creditor notice period ends before handling the house and avoid estate filings? – North Carolina Short Answer Usually not. In North Carolina, waiting for a “creditor notice period” does not automatically clear title problems or eliminate the need for probate filings when heirs want to sell inherited real estate. If…
What steps do I need to open estate administration years after death to transfer a vehicle title? – North Carolina Short Answer In North Carolina, transferring a vehicle title out of a deceased owner’s name usually requires either (1) a qualified personal representative with certified Letters (Testamentary/Administration) or (2) a limited DMV/Clerk affidavit process for…
What steps do I need to become the administrator of my parent’s house when there is no will? – North Carolina Short Answer In North Carolina, becoming the administrator (the court-appointed personal representative) of a parent’s estate when there is no will usually requires filing an application with the Clerk of Superior Court in the…
What steps do I take to regain control of an estate asset under my administration? – North Carolina Short Answer In North Carolina, an estate administrator generally must take control of estate property so the estate can be inventoried, protected, and distributed. When a co-heir or other third party refuses to return estate property (like…
Can I bypass summary administration and transfer a decedent’s vehicle title directly to a spouse? – North Carolina Short Answer Yes, in many North Carolina estates a surviving spouse can transfer a decedent’s vehicle title without opening summary administration, as long as the transfer is done through the Clerk of Superior Court and the DMV’s…
Can I object to selling the estate house as-is and insist on necessary repairs or inspections before any sale if the executor is pushing for a quick sale? – North Carolina Short Answer In North Carolina, an executor generally can sell an estate house “as-is” if that choice is reasonable and in the estate’s best…
What do I do if there is a drafted but unsigned will when someone dies? – North Carolina Short Answer In North Carolina, a drafted but unsigned will usually is not a valid will and cannot be probated as written. In most cases, the estate must be handled as an intestate estate (an estate “without…
How do I claim inherited bank accounts, retirement benefits, and a vehicle through probate? – North Carolina Short Answer In North Carolina, inherited bank accounts and a vehicle are usually claimed by the estate’s personal representative (an “administrator” when there is no will) after the Clerk of Superior Court issues Letters of Administration. Retirement benefits…
Do I need to open a small probate estate in another state before an insurer will pay a life insurance claim? – North Carolina Short Answer Usually not. Under North Carolina law, life insurance proceeds generally pay directly to the named beneficiary and do not require opening an estate in North Carolina unless the policy…
Can I still request a year’s allowance while we work to correct the death certificate, or do I have to wait? – North Carolina Short Answer In North Carolina, a surviving spouse (and certain children) can usually move forward with a request for a years allowance even if a death certificate correction is still pending.…
