Can a creditor still pursue payment after the estate rejects the claim, and what deadlines apply? – North Carolina Short Answer Yes. In North Carolina, if the personal representative rejects (disallows) a creditor’s claim, the creditor can still pursue payment by filing a lawsuit to enforce the claim—but only if the creditor starts that action…
Do I need a court order to amend a death certificate, or can vital records fix it without going to court? – North Carolina Short Answer In North Carolina, many death-certificate errors can be corrected through the North Carolina Vital Records office without going to court, as long as the State Registrar accepts the request…
Can a court require me to take a DNA or blood test to establish that I’m an heir? – North Carolina Short Answer Yes. In North Carolina, when a person’s right to inherit turns on whether they are the decedent’s child, the court can require genetic (DNA) or blood testing as part of deciding that…
How do I find out who is allowed to serve as the person in charge of the estate? – North Carolina Short Answer In North Carolina, the “person in charge of the estate” is the personal representative (called an executor if there is a will, or an administrator if there is no will). The Clerk…
Can family members challenge a will that leaves most personal property to non-family friends and seems unclear about who gets what? – North Carolina Short Answer Yes. In North Carolina, family members (and others) with a financial stake in the estate can challenge a will’s validity by filing a “caveat” after the will is probated,…
If my relative died without a will and someone else is on the deed, do we still need probate to keep the house? – North Carolina Short Answer In North Carolina, probate may or may not be needed, depending on how the deed is titled. If the deed created a right of survivorship, the home…
Can I get a death certificate as a family member, and do I need it to transfer the property? – North Carolina Short Answer In North Carolina, many family members can request a certified copy of a death certificate, including a spouse, sibling, direct ancestor, or direct descendant. A death certificate is often needed to…
If there is no will, how is a surviving spouse supposed to receive the deceased spouse’s money and property? – North Carolina Short Answer In North Carolina, if a spouse dies without a will, the surviving spouse does not automatically receive everything. The surviving spouse receives an “intestate share” set by statute, and property titled…
Do I still need to publish a notice to creditors in a small estate, and how long do creditors have to make claims? – North Carolina Short Answer In North Carolina, a “small estate” process does not automatically eliminate creditor-notice issues. In many estates, publishing (and sometimes also mailing) a notice to creditors is what…
If a logging or forestry contract was signed before the death but work happened after, do the proceeds go to the estate or directly to the heirs? – North Carolina Short Answer In North Carolina, the answer usually turns on what the contract actually sold and when the right to payment became fixed. If the…
