Do I need medical records or a specific document from the doctor or facility before filing for probate? – North Carolina Short Answer Under North Carolina law, medical records are not required to open a probate estate. The clerk of superior court primarily needs proof that the person has died and basic information about the…
What evidence should I gather to show a valid marriage for a spouse’s allowance claim? – North Carolina Short Answer For a spousal year’s allowance in North Carolina, the clerk of superior court must be satisfied that a valid marriage existed at the time of death. The most important proof is a marriage certificate plus…
Do I need to open a full estate and proceed as a contested matter to request a year’s allowance? – North Carolina Short Answer Under North Carolina law, a surviving spouse or qualifying child does not have to open a full estate administration or automatically proceed as a contested matter just to request a standard…
What happens to my year’s allowance request if the court decides I am not the spouse? – North Carolina Short Answer Under North Carolina law, only a “surviving spouse” can receive a spousal year’s allowance. If the clerk or court later decides the applicant is not the legal spouse, the spousal allowance must be denied…
How do I prove I am the surviving spouse when the court questions my marital status? – North Carolina Short Answer In North Carolina probate matters, a person proves status as a surviving spouse by showing there was a valid marriage to the decedent and that no event occurred that would terminate or bar spousal…
How are hearing dates set in a contested estate proceeding, and who is responsible for scheduling? – North Carolina Short Answer In a contested estate proceeding in North Carolina, a hearing before the clerk of superior court can be scheduled after the time to respond to the estate petition has passed. Under North Carolina law,…
Can an administrator without a stable mailing address use an attorney’s address or another temporary address for court notices? – North Carolina Short Answer Under North Carolina probate practice, the clerk of superior court needs a reliable mailing address for the personal representative so the court and interested parties can send notices. If an administrator…
Will the estate be delayed or penalized if the administrator lacks stable housing and cannot reliably receive mail? – North Carolina Short Answer Under North Carolina law, an estate is not automatically delayed or penalized just because the administrator has unstable housing. However, the administrator must still receive and respond to mail from the clerk…
What happens if the affidavit of notice to creditors isn’t filed by the standard notice period deadline? – North Carolina Short Answer In North Carolina probate, the personal representative must file the Affidavit of Notice to Creditors with the Clerk of Superior Court when the 90-day inventory is due. If that affidavit is not filed…
How do I update the court record when the administrator’s mailing address changes and there is no current permanent address? – North Carolina Short Answer In North Carolina, an estate’s personal representative should promptly give the Clerk of Superior Court written notice of any change to the administrator’s mailing address, even if the new address…
