Do I need to go back to court to correct a typo or unclear property description in a will before I can record a deed? – North Carolina Short Answer Sometimes, yes. In North Carolina, a minor typo in a will’s property reference may not require a new court case if the intended property can…
Do I have to open a probate case before I can order certified or exemplified copies of the court file? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can only issue certified or exemplified (often called “triple-seal”) copies of a probate court file that already exists. That usually means a…
What happens if I refuse to cash a distribution check because I disagree with how the estate was handled—can the estate still be closed? – North Carolina Short Answer In North Carolina, a beneficiary refusing to cash a distribution check does not automatically stop the personal representative from trying to close the estate. To close…
What paperwork do the blood relatives need to sign to let me handle the estate and still keep the family land? – North Carolina Short Answer In North Carolina, blood relatives generally cannot sign a single form that both (1) makes a non-relative the estate administrator and (2) guarantees the land stays in the family.…
Can the administrator charge the estate for surveying land, tearing down buildings, or clearing property if that real estate isn’t part of the estate? – North Carolina Short Answer Usually, no. In North Carolina, an administrator can generally reimburse only expenses that were properly incurred to collect, protect, manage, and distribute estate property. If land…
How do I access or transfer a certificate of deposit after the account owner dies if there is no payable-on-death beneficiary listed? – North Carolina Short Answer In North Carolina, if a certificate of deposit (CD) has no payable-on-death (POD) beneficiary and no surviving joint owner with survivorship rights, the CD usually becomes part of…
Can a lawyer contact a retirement plan or bank on my behalf to get balances and paperwork, and what authorizations do I need to sign? – North Carolina Short Answer Yes. In North Carolina, a probate lawyer can contact banks and retirement plan administrators to request date-of-death balances, beneficiary information, and account paperwork, but most…
How can I challenge an estate administrator who sold estate vehicles for too little and won’t explain the pricing? – North Carolina Short Answer In North Carolina, a beneficiary can challenge an estate administrator’s low-priced vehicle sale by asking the Clerk of Superior Court (the estate court) to require a fuller report and accounting, and—if…
What documents do I need to start probate, and do I need death certificates for other relatives who later passed away too? – North Carolina Short Answer In North Carolina, starting probate usually requires the original will (if there is one), proof of death for the person whose estate is being opened, and a completed…
How do I find out whether the house was marital property or separate property, and why does that matter for inheritance? – North Carolina Short Answer In North Carolina, the fastest way to tell whether a house is “marital” or “separate” for inheritance purposes is to start with the deed: if the house is titled…
