Can I postpone a closing date if I discover discrepancies in sale documents? – North Carolina Short Answer Yes. In North Carolina estate sales, the personal representative has a duty to protect the estate and may delay closing to resolve title or settlement discrepancies. If the sale is a court‑authorized (judicial) sale, closing cannot occur…
Can I file a probate inventory listing only a small bank account and negligible personal items? – North Carolina Short Answer Yes. In North Carolina, a personal representative must file an inventory within three months of qualifying that lists all probate assets with date-of-death values. If the estate holds only a small bank account and…
How do I address a missed state inheritance tax return after the person’s death? – North Carolina Short Answer North Carolina does not impose a state inheritance or estate tax for people who died on or after January 1, 2013. If a state inheritance tax return was missed for another state (for example, where the…
What is the process to claim unclaimed property from another jurisdiction for the estate? – North Carolina Short Answer In North Carolina, the personal representative claims out-of-state unclaimed property by submitting an estate claim to that state’s unclaimed property office with proof of authority (fresh certified or exemplified Letters), the death certificate, and ownership documentation.…
Can I probate a copy of a will when the custodian won’t produce the original? – North Carolina Short Answer Yes. In North Carolina, you must first ask the Clerk of Superior Court to compel the person holding the will to produce it. If the original cannot be produced after a diligent search, you can…
How can I force someone to turn over my loved one’s original will at a probate hearing? – North Carolina Short Answer In North Carolina, you file an application by affidavit asking the Clerk of Superior Court to order the person holding the will to produce it. The clerk issues a summons directing that person…
How do I prove a will was validly executed when someone contradicts their earlier statements? – North Carolina Short Answer In North Carolina, you prove a will’s valid execution before the Clerk of Superior Court by showing it met the witness and signature requirements and by supplying the proper proof (self‑proving affidavit or witness/handwriting affidavits).…
What happens if the person with custody of the will is hospitalized and misses the hearing? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can continue (reschedule) a will‑production hearing for good cause, including hospitalization. The custodian must still comply with the summons by either producing the original will or…
What steps can I take to stop a property tax foreclosure? – North Carolina Short Answer In North Carolina, you can stop a property tax foreclosure by paying the full payoff (all delinquent taxes, interest, penalties, and foreclosure costs) before the sale is confirmed by the court. If a sale has not occurred, tendering the…
How can I transfer the inherited house title into my name through probate? – North Carolina Short Answer In North Carolina, title to a decedent’s house vests in the heirs at death (or in the devisees once a will is probated). To make the title marketable, you typically open an estate with the Clerk of…
