Do I need a certified copy of the will and a foreign estate file before a probate case can be started in my jurisdiction? – North Carolina Short Answer Often, yes—at least if the plan is to start the North Carolina case by filing a copy of a will that was already probated in a…
What happens if assets were transferred before the death and I believe it was improper or the result of undue influence? – North Carolina Short Answer In North Carolina, a will contest (a “caveat”) only decides whether the will is valid. If valuable assets were moved before death—such as by deed, joint account changes, beneficiary…
What happens to my inheritance rights if there are disputes about parentage or whether someone is legally recognized as a parent or child? – North Carolina Short Answer In North Carolina intestate estates (no will), inheritance rights depend on whether the person qualifies as an “heir” under North Carolina’s parent-child rules. If parentage is disputed,…
What happens when someone tries to keep estate property instead of paying the deceased person’s debts? – North Carolina Short Answer In North Carolina, estate property generally must be gathered, protected, and used to pay valid estate expenses and debts before beneficiaries receive distributions. If someone is holding estate property and trying to keep it,…
How can I get estate records and creditor information from a co-administrator who won’t respond or share documents? – North Carolina Short Answer In North Carolina, a co-administrator who is not sharing estate records can often be addressed through the Clerk of Superior Court (Estates). Common next steps include (1) getting copies of what has…
How do I start a simple probate case when there is a will and only one beneficiary? – North Carolina Short Answer In North Carolina, a “simple” probate case with a will usually starts by taking the original will (and proof of death) to the Clerk of Superior Court in the county where the person…
Do I need to open probate if my parent didn’t really have assets besides household items? – North Carolina Short Answer Often, no. In North Carolina, probate (estate administration with the Clerk of Superior Court) is usually needed only when there are assets titled in the deceased person’s name alone that must be collected, sold,…
Can estate property be sold before everything is fully settled, and what steps are required? – North Carolina Short Answer Yes. In North Carolina, estate property (including real estate) can often be sold during the probate process, before the estate is fully settled, but the required steps depend on who has authority to sell and…
If we file joint returns for past years and the estate can’t pay the full tax bill, can the IRS come after me personally for the balance? – North Carolina Short Answer Yes. Signing a joint federal income tax return generally makes each spouse jointly responsible for the full tax, interest, and penalties on that…
What can a beneficiary or interested person do if they think the personal representative is intentionally running up costs by delaying the case? – North Carolina Short Answer In North Carolina, an “interested person” can ask the Clerk of Superior Court (Estates Division) to step in when a personal representative delays required filings or administration.…
