Can I file for intestate probate if no will is found and no estate case exists? – North Carolina Short Answer Yes. In North Carolina, if no will can be found and the clerk confirms no estate file is open, an interested person can start an intestate estate by applying with the Clerk of Superior…
Can I enforce or complete the existing forestry contract on the farm as an heir after probate? – North Carolina Short Answer Usually, no—not by yourself while the estate is still in probate. In North Carolina, when a deceased owner had a binding (bilateral) contract involving the sale or conveyance of real property interests, the…
How can I keep living in the home if my sibling and I inherit it together—can we transfer their share to me in exchange for resolving the second‑mortgage loan they owe? – North Carolina Short Answer Yes—under North Carolina law, a co-owner who inherits a home with a sibling can often end up with full…
What happens to the mortgage and HOA payments if the homeowner dies and the estate can’t keep paying right away? – North Carolina Short Answer In North Carolina, a homeowner’s death does not erase the mortgage or HOA obligations tied to the property. If payments stop, the lender can usually start default and foreclosure steps,…
How do I close a deceased family member’s brokerage or cash-management account once I’m the estate administrator? – North Carolina Short Answer In North Carolina, an estate administrator (personal representative) typically closes a deceased person’s brokerage or cash-management account by giving the financial institution a certified copy of the Letters of Administration (or Letters Testamentary),…
What should I do if government benefit or retirement payments were deposited after the date of death and the agencies are asking for the money back? – North Carolina Short Answer In North Carolina, treat benefit or retirement deposits made after a person’s death as potential overpayments that usually must be returned. The first practical…
Do I need to answer every question on the court cover worksheet, or can some fields be left blank? – North Carolina Short Answer In North Carolina probate filings, a court “cover worksheet” is usually an administrative intake document, but it still should be completed as fully as possible. Fields that clearly belong to the…
I never received beneficiary notice—how do I obtain the filings and ensure I’m included before any distributions occur? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court must mail a “Notice to Beneficiary” when a will is admitted to probate if the beneficiary’s address is known. If no notice was received,…
Will creditors of the deceased have any claim against the sale proceeds if the property passed to the surviving owner by the entirety? – North Carolina Short Answer Usually, no. In North Carolina, when a spouse dies owning a home as tenants by the entirety, the surviving spouse becomes the sole owner by survivorship, and…
How can I challenge a power of attorney signed when my parent had dementia? – North Carolina Short Answer In North Carolina, a power of attorney (POA) signed when a parent had dementia can be challenged by asking a court to review whether the parent had legal capacity at the time of signing and whether…
