What steps are involved in obtaining letters of administration and closing an estate? – North Carolina Short Answer In North Carolina, you obtain letters of administration by applying with the Clerk of Superior Court in the county where the decedent lived, qualifying by oath, bond (unless waived by law), and appointing a resident process agent…
What steps do I take to obtain a copy of a will if it’s not available in the public online portal? – North Carolina Short Answer In North Carolina, once a will is probated, it is a public record kept by the Clerk of Superior Court. If it is not in the online portal, contact…
Can I still assert my rights as a beneficiary after years have passed since the decedent’s death? – North Carolina Short Answer Often, yes. In North Carolina there is no general time limit to offer a written will for probate, so if a will was never probated, an interested beneficiary can still start the process.…
How do I find out whether the will was amended before probate closed? – North Carolina Short Answer In North Carolina, any amendment to a will (a “codicil”) must be admitted to probate and placed in the estate file with the original will. Those documents become public records. To find out if a codicil was…
What information do I need to request probate records from a county clerk when I live out of state? – North Carolina Short Answer In North Carolina, probate files (including a probated will) are public records held by the Clerk of Superior Court in the county where the estate was handled. To request copies by…
What steps do we need to retitle or register an inherited vehicle if there’s a lien and no clear paperwork? – North Carolina Short Answer In North Carolina, you generally have three paths to retitle an inherited vehicle: (1) use a DMV affidavit process through the Clerk of Superior Court, (2) use the small-estate “collection…
How do we get legal authority and paperwork to transfer a decedent’s property into heirs’ names? – North Carolina Short Answer In North Carolina, title to non-survivorship real estate passes to heirs or devisees at death, but you often need court paperwork to prove it and to sell safely. If a sale will occur within…
Can heirs list and sell inherited property themselves and split the proceeds? – North Carolina Short Answer In North Carolina, heirs hold title to a decedent’s real estate at death, but a private sale within two years is not binding on creditors or the estate unless the personal representative (executor/administrator) joins the deed. If a…
What does it mean when a Medicaid lien is waived and how does it affect estate assets? – North Carolina Short Answer In North Carolina, a Medicaid lien waiver means the State has released its right to recover for the decedent’s Medicaid costs from estate assets. If that was the only reason to sell the…
How can we sell the inherited home without going through court? – North Carolina Short Answer In North Carolina, heirs own a decedent’s real estate at death, so a court-ordered sale isn’t required if the estate does not need the house proceeds to pay debts. If the sale happens within two years of death, the…
