Category Archives: Probate Q&A Series

Do I have to publish a creditor notice or file an inventory for the ancillary estate if the domiciliary estate doesn’t do those filings? NC

Do I have to publish a creditor notice or file an inventory for the ancillary estate if the domiciliary estate doesn’t do those filings? – North Carolina Short Answer Yes. In North Carolina, an ancillary estate is its own North Carolina estate administration, and the ancillary personal representative generally must follow North Carolina’s administration requirements…

How do I report brokerage account sales and withheld taxes on an estate return? NC

How do I report brokerage account sales and withheld taxes on an estate return? – North Carolina Short Answer Brokerage sales that happen after death are usually reported on the estate’s fiduciary income tax return (federal Form 1041) using the estate’s EIN, not on the decedent’s final Form 1040. Any tax withholding shown on a…

What documents do I need to gather to complete an estate accounting? NC

What documents do I need to gather to complete an estate accounting? – North Carolina Short Answer In North Carolina, an estate accounting (annual or final) must show all money and property that came into the personal representative’s control and how it was spent or distributed. The key documents usually include complete bank statements for…

How can I claim funds held in a bank account left to me after someone dies? NC

How can I claim funds held in a bank account left to me after someone dies? – North Carolina Short Answer In North Carolina, how to claim a deceased person’s bank funds depends on how the account was titled. If the account named a payable-on-death (POD) beneficiary or was a joint account with right of…

What do I do about real estate in the estate, including a home with a mortgage, if I’m not sure whether to sell or keep it? NC

What do I do about real estate in the estate, including a home with a mortgage, if I’m not sure whether to sell or keep it? – North Carolina Short Answer In North Carolina, real estate owned only in the decedent’s name usually passes to the heirs at death, but it can still be pulled…

How do I complete the probate inventory when some assets pass outside the estate and small refund checks arrived after death? NC

How do I complete the probate inventory when some assets pass outside the estate and small refund checks arrived after death? – North Carolina Short Answer In North Carolina, the probate inventory should list assets the personal representative can collect for the estate (generally, assets titled in the decedent’s name alone or payable to the…

What happens if the title is still in a prior relative’s name and was never updated during the estate—can I still retitle it to me? NC

What happens if the title is still in a prior relative’s name and was never updated during the estate—can I still retitle it to me? – North Carolina Short Answer Often, yes—but only if North Carolina’s chain of ownership can be proven from the person named on the title to the person who can legally…

Can I still handle the estate if we were separated but not legally separated when my spouse died? NC

Can I still handle the estate if we were separated but not legally separated when my spouse died? – North Carolina Short Answer Often, yes. In North Carolina, if a couple was separated in practice but not legally divorced when one spouse died, the surviving spouse is still usually treated as the “surviving spouse” for…

Does my power of attorney let me transfer or manage real estate that was owned by the parent who died? NC

Does my power of attorney let me transfer or manage real estate that was owned by the parent who died? – North Carolina Short Answer No. In North Carolina, a power of attorney generally ends when the parent (the “principal”) dies, so it does not let an agent transfer or manage real estate after death.…

What steps are required to handle creditor claims and tax debts in my sibling’s estate? NC

What steps are required to handle creditor claims and tax debts in my sibling’s estate? – North Carolina Short Answer In North Carolina, the estate’s administrator must (1) give proper notice to creditors, (2) collect and review claims that come in on time, and (3) pay valid claims in the order the law requires, which…