Can I start the probate myself or ask the court to appoint someone else if the named executor is not moving forward? – North Carolina Short Answer Under North Carolina law, if the person named as executor does not promptly offer the will for probate and qualify, any interested person (such as an heir or…
Can I send a copy of the will to the named trustee now to get information about fees and how the trust will be set up? – North Carolina Short Answer Under North Carolina law, a personal representative may generally share a probated will with the named trustee of a testamentary trust so the trustee…
When should beneficiaries expect a timeline and written estimate of trustee fees and ongoing costs? – North Carolina Short Answer Under North Carolina law, a trustee’s compensation must be reasonable, and if it is not set in the trust, the trustee generally provides fee information when trust administration begins and before taking sizeable fees. For…
What steps are required to create and fund a testamentary trust after probate starts, and when does the trustee officially take over? – North Carolina Short Answer In North Carolina, a testamentary trust comes into legal existence when the will creating it is admitted to probate, but it is practically “created and funded” as the…
What happens to the sale proceeds before the creditor period is over, and who controls those funds? – North Carolina Short Answer Under North Carolina probate law, when estate real estate is sold before the creditor claim period ends, the proceeds generally stay under the control of the personal representative and are treated as estate…
How are the mortgage, attorney fees, and creditor claims paid from the sale, and when do heirs receive the remaining balance? – North Carolina Short Answer In North Carolina probate, sale proceeds from estate real estate first pay any liens on the property (such as the mortgage) in order of priority, then the costs of…
How do we locate and confirm title to family land that may have come through an old will and adoption, and protect my share? – North Carolina Short Answer Under North Carolina law, confirming title to family land starts with proving heirship and how the property passed, then tracing every deed, estate file, and court…
Will correcting the death certificate affect probate, insurance claims, or benefits tied to marital status and residence? – North Carolina Short Answer Under North Carolina law, correcting a death certificate usually does not change whether a surviving spouse or other family members have probate rights, insurance claims, or benefit entitlements; those rights come from statutes,…
What if a sibling opened an estate without listing me—can I be added, and how do I ensure I get notice and a full accounting? – North Carolina Short Answer Under North Carolina law, an omitted heir can ask the clerk of superior court to be formally recognized in an estate, to receive notices, and…
Do we need to open the main estate where my parent lived and then an ancillary estate in another state for real estate or oil-and-gas rights? – North Carolina Short Answer Under North Carolina law, the main (domiciliary) estate is normally opened in the state and county where the parent was living at death, and…
