How can I get a verbal will recognized in a probate hearing in North Carolina? Short Answer In North Carolina, a verbal will (called a “nuncupative will”) can be admitted to probate only if it was made during the decedent’s last illness or when death was imminent, the decedent declared the words to be their…
How do I challenge the validity of a verbal will that was never signed? – North Carolina Short Answer In North Carolina, you can challenge an alleged verbal (nuncupative) will by objecting at the Clerk of Superior Court’s hearing before the will is admitted to probate, or by filing a caveat in Superior Court within…
Can I proceed with estate tasks if I haven’t received the signed letters of administration yet? – North Carolina Short Answer Generally, no. In North Carolina, you do not have authority to act for the estate until the Clerk of Superior Court issues Letters (after the oath and any required bond). Some limited acts that…
What steps are needed to appoint my brother-in-law as estate administrator? – North Carolina Short Answer In North Carolina, an adult heir can usually serve as administrator of an intestate estate if qualified and either all co-heirs consent or required notices are given. To appoint your brother-in-law, file the Application for Letters of Administration with…
What are my options if the beneficiary refuses to return the decedent’s final paycheck? – North Carolina Short Answer In North Carolina, final wages owed to someone who has died belong to the estate, and the personal representative has the duty and authority to collect them. You can demand the return of the paycheck, file…
Can I require the employer to reissue the decedent’s last wages directly to the estate after a mistaken payment? – North Carolina Short Answer In North Carolina, final wages owed to a deceased employee are a debt owed to the estate and should be paid to the court-appointed personal representative. If the employer mistakenly paid…
What steps do I need to take to document a beneficiary’s return of estate funds for a final accounting? – North Carolina Short Answer In North Carolina, show the Clerk verifiable proof that the estate recovered the money and that it now sits in the estate account. Deposit the funds, record the receipt on the…
How can I prevent the property from going into tax foreclosure while clearing the title? – North Carolina Short Answer In North Carolina, the fastest way to stop a looming tax foreclosure while you clear title is to open the estate and qualify as personal representative, then promptly coordinate with the county tax office to…
How can I recover a final paycheck that was mistakenly paid to a life insurance beneficiary instead of my estate? – North Carolina Short Answer In North Carolina, the personal representative must collect all assets owed to the decedent, including final wages, and can compel anyone holding estate property to return it. If a paycheck…
Can I contest the will before the investigation into my sister’s death is complete? – North Carolina Short Answer Yes. In North Carolina, you may file a will caveat (will contest) any time within three years after the will is admitted to probate in common form; a criminal or medical death investigation does not stop…
