If taxes were already withheld on an annuity payout, does the estate still have to file any tax forms? – North Carolina Short Answer Sometimes, yes. Tax withholding on an annuity payout does not automatically eliminate the need for a tax filing, because the key question is who received the taxable income (the decedent before…
Who is responsible for getting a deceased person’s final taxes prepared? – North Carolina Short Answer In North Carolina, the estate’s court-appointed personal representative (the executor or administrator) is responsible for making sure the deceased person’s final income tax return gets filed. If the decedent was required to file for the year of death but…
If I already filed the probate forms and death certificate, what steps are left to finish the estate? – North Carolina Short Answer In North Carolina, filing the opening probate paperwork and death certificate is only the start. To finish an intestate estate, the administrator typically must (1) complete qualification requirements (including a resident process…
Do I have to wait until probate is opened and creditor notice is finished before transferring the deed to inherited real estate or retitling a vehicle left in the will? – North Carolina Short Answer In North Carolina, a deed transfer for inherited real estate and a vehicle retitle usually should not happen until someone…
What happens if someone created or submitted a will after the person had already passed away? – North Carolina Short Answer In North Carolina, a will cannot be validly created after the person has died, because a will must be executed by the testator while alive and with required formalities. If someone submits a document…
How do I challenge a will when there are two different wills filed for the same person and the court hasn’t accepted either one yet? – North Carolina Short Answer In North Carolina, the usual way to challenge which will (if any) controls is to file a caveat in the decedent’s estate file with the…
How do I make sure all estate assets are found and properly listed during probate? – North Carolina Short Answer In North Carolina probate, the personal representative (executor or administrator) has a legal duty to locate, collect, and list estate assets and to file a sworn inventory with the Clerk of Superior Court within three…
How do unpaid taxes affect paying other creditors and finishing the estate administration? – North Carolina Short Answer In North Carolina estate administration, unpaid taxes can delay paying other creditors and closing the estate because the personal representative generally needs to determine and satisfy tax obligations before making final distributions and seeking approval of a…
How do we handle a Social Security payment that was deposited right before or right after the person died? – North Carolina Short Answer In North Carolina estate administration, a Social Security retirement or disability payment that lands in the account around the time of death often must be returned if it covers a month…
If the other parent and I were divorced, who is allowed to be the estate administrator so the children can receive the settlement proceeds? – North Carolina Short Answer In North Carolina, the person who can receive settlement proceeds on behalf of a deceased parent’s estate is usually the court-appointed personal representative (often called the…
