How do I obtain and validate satisfaction of creditor claims for paid credit accounts? – North Carolina Short Answer In North Carolina, the personal representative gathers written claims, pays valid claims in statutory priority, and proves satisfaction with vouchers such as paid-in-full letters, final account statements showing a zero balance, and canceled checks. The Clerk…
What income tax filings does the estate need to complete once business asset information is collected? – North Carolina Short Answer In North Carolina, an estate is a separate taxpayer. After you gather business asset and income details, you generally file: (1) the decedent’s final individual returns (IRS Form 1040 and NC Form D-400) and…
How can I transfer the decedent’s business interests, including obtaining asset valuations and changing ownership? – North Carolina Short Answer In North Carolina, the executor inventories the business interests, obtains a fair‑market‑value appraisal as of the date of death, and either sells the interest or distributes it in kind after addressing creditor claims. The executor…
What rights do I have as a disinherited surviving spouse when the decedent named someone else executor? – North Carolina Short Answer In North Carolina, a disinherited spouse can claim a statutory “elective share” of the decedent’s estate, even if someone else is the executor. You must file the elective share claim with the Clerk…
Can I challenge the will on grounds that my spouse lacked capacity due to dementia? – North Carolina Short Answer Yes. In North Carolina, a surviving spouse can contest (caveat) a will based on lack of testamentary capacity. You must file the caveat with the Clerk of Superior Court after the will is probated, and…
How do I request a formal accounting of estate assets from the executor? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to order the executor to file an inventory and a formal account of the estate. If the executor misses required deadlines or files an incomplete account,…
Can I recover funds spent from my spouse’s IRA or other accounts before probate? – North Carolina Short Answer In North Carolina, you generally cannot personally claw back pre‑death spending from your spouse’s IRA or bank accounts. However, you can file an elective share claim that pulls both probate and many non‑probate assets (including IRAs…
How can I compel the executor to provide my late spouse’s bank and retirement account records? – North Carolina Short Answer In North Carolina, you can force action through the estate file at the Clerk of Superior Court. The executor must file a detailed 90‑day inventory and, if you file an elective share petition within…
What steps are involved in opening ancillary probate in another state for out-of-state real property? – North Carolina Short Answer Under North Carolina law, land is governed by the law of the state where it sits. If a North Carolina estate includes real property in another state, you typically must open an ancillary probate in…
Do I have to post a probate bond if the sole beneficiary consents to waive it? – North Carolina Short Answer Usually yes. In North Carolina, a personal representative must post a bond before the Clerk of Superior Court issues letters, unless a specific exception applies. In an intestate estate, a North Carolina resident administrator…
