Category Archives: Probate Q&A Series

How should a settlement agreement for selling an inherited property address repairs, cleanup, and who pays the carrying costs while we get the home ready? nc

How should a settlement agreement for selling an inherited property address repairs, cleanup, and who pays the carrying costs while we get the home ready? – North Carolina Short Answer In North Carolina, a settlement agreement to sell an inherited home during a pending partition case should clearly allocate (1) who controls the work (repairs,…

Can named beneficiaries claim a life insurance policy directly, or does it have to go through the estate? nc

Can named beneficiaries claim a life insurance policy directly, or does it have to go through the estate? – North Carolina Short Answer In North Carolina, life insurance usually pays directly to the named beneficiary and does not have to go through the probate estate. Probate is typically only involved if the estate is the…

What do I need to show to pick up the original will that was left with the courthouse for safekeeping? nc

What do I need to show to pick up the original will that was left with the courthouse for safekeeping? – North Carolina Short Answer In North Carolina, a will left with the Clerk of Superior Court for safekeeping is not public while the person is alive, and the clerk generally releases it only through…

How do I complete and sign the affidavit of next of kin so it can be filed with the court? nc

How do I complete and sign the affidavit of next of kin so it can be filed with the court? – North Carolina Short Answer In North Carolina, an affidavit of next of kin for an estate administration filing is usually completed by listing the decedent’s family members who would inherit under intestate succession (or…

What can I do if another heir is using an estate vehicle and refusing to cooperate with transferring the title or buying it from the estate? nc

What can I do if another heir is using an estate vehicle and refusing to cooperate with transferring the title or buying it from the estate? – North Carolina Short Answer In North Carolina, the personal representative (executor/administrator) controls estate property during administration, including vehicles, and can require the return of the vehicle, insure it,…

What documents do I need to transfer an RV and a vehicle after a parent dies? nc

What documents do I need to transfer an RV and a vehicle after a parent dies? – North Carolina Short Answer In North Carolina, the documents needed to transfer an RV or other vehicle after a parent dies usually depend on (1) how the vehicle was titled and (2) whether a personal representative (executor/administrator) has…

How is an administrator’s commission calculated, and what paperwork should show how they arrived at the commission amount? nc

How is an administrator’s commission calculated, and what paperwork should show how they arrived at the commission amount? – North Carolina Short Answer In North Carolina, an administrator (personal representative) generally may receive a commission that the Clerk of Superior Court approves, up to a statutory maximum that is commonly calculated as a percentage of…

What happens to a deceased parent’s share of sale proceeds if the parent dies before getting the check? nc

What happens to a deceased parent’s share of sale proceeds if the parent dies before getting the check? – North Carolina Short Answer In North Carolina, a parent’s share of sale proceeds does not “skip” to the children just because the parent died before the check was received. That money is typically an estate asset…

What documents will the DMV or a dealership require to process the title transfer after a year’s allowance is approved? nc

What documents will the DMV or a dealership require to process the title transfer after a year’s allowance is approved? – North Carolina Short Answer In North Carolina, when a vehicle is awarded through a spouse’s year’s allowance, the DMV (or a dealership handling the paperwork) typically needs a certified copy of the clerk’s year’s…

How can I close a long‑running probate when old creditor claims lack documentation or the companies no longer exist? nc

How can I close a long‑running probate when old creditor claims lack documentation or the companies no longer exist? – North Carolina Short Answer In North Carolina, a long-running probate can often be closed by (1) confirming whether each creditor claim was timely and properly presented, (2) requiring the claimant to provide basic proof and…