Category Archives: Probate Q&A Series

As the estate administrator, how do I handle personal property disputes when another heir already has items and claims they were gifts? NC

As the estate administrator, how do I handle personal property disputes when another heir already has items and claims they were gifts? – North Carolina Short Answer In North Carolina, an estate administrator generally must identify, safeguard, and account for estate property—and take reasonable steps to recover property that belongs to the estate. When another…

What are the main steps we have to complete as administrators, and in what order do they happen? NC

What are the main steps we have to complete as administrators, and in what order do they happen? – North Carolina Short Answer In North Carolina, an intestate estate administration usually follows a predictable order: (1) qualify as administrator with the Clerk of Superior Court and receive Letters of Administration, (2) identify and secure assets,…

What should I request from a financial institution to document account ownership for an estate inventory? NC

What should I request from a financial institution to document account ownership for an estate inventory? – North Carolina Short Answer In North Carolina, the cleanest way to document account ownership for an estate inventory is to request (1) the account title/registration and ownership type, (2) the date-of-death balance and accrued interest, and (3) the…

What information do creditors usually require to evaluate an estate settlement request based on the estate’s assets and other debts? NC

What information do creditors usually require to evaluate an estate settlement request based on the estate’s assets and other debts? – North Carolina Short Answer In North Carolina, a creditor evaluating a reduced estate settlement request usually wants enough documentation to confirm (1) the claim is being handled by a properly appointed personal representative, (2)…

What happens if a relative signed an affidavit saying there was no will, but a valid will is later found? NC

What happens if a relative signed an affidavit saying there was no will, but a valid will is later found? – North Carolina Short Answer In North Carolina, finding a valid will after someone signed an affidavit based on “no will” usually means the estate should switch from intestate handling to will-based probate. The will…

What should we do with a final government benefit payment that was deposited after the person died, and can the estate distribute it if it isn’t reclaimed?

What should we do with a final government benefit payment that was deposited after the person died, and can the estate distribute it if it isn’t reclaimed? – North Carolina Short Answer In North Carolina, a government benefit payment that arrives by direct deposit after death should be treated as a “do not spend yet”…

How can I access my deceased sibling’s bank accounts and tax documents once I have letters of administration and an estate EIN?

How can I access my deceased sibling’s bank accounts and tax documents once I have letters of administration and an estate EIN? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court issues letters of administration, the administrator has legal authority to request information and take control of estate-owned accounts. Most…

What happens if the deceased or surviving spouse didn’t file taxes for certain years? NC

What happens if the deceased or surviving spouse didn’t file taxes for certain years? – North Carolina Short Answer In North Carolina, unfiled tax returns do not disappear when someone dies. If the deceased person was required to file, the estate’s personal representative generally must file the missing final return(s) and address any tax due…