Category Archives: Probate Q&A Series

If the surviving spouse hasn’t filed for the spousal allowance yet, can estate money still be used for funeral costs, court costs, or other expenses? nc

If the surviving spouse hasn’t filed for the spousal allowance yet, can estate money still be used for funeral costs, court costs, or other expenses? – North Carolina Short Answer Yes. In North Carolina, a personal representative (including co-administrators) can usually use estate funds to pay reasonable funeral expenses and the costs of administering the…

How do I join the remote hearing for the estate special proceeding if I didn’t receive the link? nc

How do I join the remote hearing for the estate special proceeding if I didn’t receive the link? – North Carolina Short Answer In North Carolina, most estate “special proceedings” are heard by the Clerk of Superior Court, and remote hearings are typically joined using the connection information provided in the hearing notice or by…

Can a spouse who initially wanted no involvement later challenge the estate administration or the settlement distribution? nc

Can a spouse who initially wanted no involvement later challenge the estate administration or the settlement distribution? – North Carolina Short Answer Yes—under North Carolina law, a surviving spouse who is an intestate heir can sometimes challenge what happened in an estate administration or how wrongful-death settlement proceeds were distributed, especially if required notice was…

What counts as reimbursable “carrying costs” for an estate property sale versus reimbursable estate administration expenses? nc

What counts as reimbursable “carrying costs” for an estate property sale versus reimbursable estate administration expenses? – North Carolina Short Answer In North Carolina, “carrying costs” are usually the ongoing, property-specific bills needed to preserve an estate-owned home until it can be sold (for example, property taxes, insurance, utilities needed to prevent damage, and basic…

What can I do if the estate administrator filed paperwork that I believe contains false information about life insurance? nc

What can I do if the estate administrator filed paperwork that I believe contains false information about life insurance? – North Carolina Short Answer In North Carolina, an heir who believes an estate administrator filed inaccurate information about life insurance can ask the Clerk of Superior Court (the probate court) to require a corrected filing…

What happens if multiple family members disagree about how the estate should be handled? nc

What happens if multiple family members disagree about how the estate should be handled? – North Carolina Short Answer In North Carolina, family disagreements do not control the estate process. The person with legal authority (the executor named in the will, or a court-appointed administrator if there is no will) must follow North Carolina probate…

How can I find out what has been filed in the estate and get copies of the accounting and other paperwork before everything is finalized? nc

How can I find out what has been filed in the estate and get copies of the accounting and other paperwork before everything is finalized? – North Carolina Short Answer In North Carolina, most estate administration paperwork is filed with the Clerk of Superior Court (Estates Division) in the county where the estate is open,…

What happens to the estate closing timeline if the notice-to-creditors publication proof wasn’t filed? nc

What happens to the estate closing timeline if the notice-to-creditors publication proof wasn’t filed? – North Carolina Short Answer In North Carolina, a missing proof of publication for the notice to creditors usually delays the clerk’s ability to approve a final account and close the estate file. The creditor “clock” generally runs from the first…

What documents can I use to prove we were still legally married even though we were living separately? nc

What documents can I use to prove we were still legally married even though we were living separately? – North Carolina Short Answer In North Carolina, living separately does not end a marriage. The cleanest proof is a certified marriage certificate plus proof that no divorce judgment was entered before death. If a death certificate…

How do I handle probate paperwork if I’m living in a different state than where the estate is being handled? nc

How do I handle probate paperwork if I’m living in a different state than where the estate is being handled? – North Carolina Short Answer In North Carolina, most probate paperwork is filed with (and many documents are issued by) the Clerk of Superior Court in the county where the estate is opened. Living in…