What happens to my uncle’s house and truck during probate, and how can I sell them? – North Carolina Short Answer In North Carolina, when someone dies without a will, the house and truck generally become part of the estate and can only be sold by the person the Clerk of Superior Court appoints to…
How can I search North Carolina county records to find property left to me? – North Carolina Short Answer In North Carolina, the starting point is usually a county-by-county search of (1) the Register of Deeds land records and (2) the Clerk of Superior Court estate records for the decedent’s name. If no estate file…
How can I request a legacy scan or court record to find a missing motion in an estate administration case? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court maintains the estate file, and most estate documents are public records that can be inspected or copied. If an estate document does…
How can I get authority to manage my deceased parent’s bank account and finances when there is no will? – North Carolina Short Answer In North Carolina, a bank generally will not allow anyone to access a deceased person’s individual accounts until a court-appointed personal representative has authority from the Clerk of Superior Court. When…
How do I dispute my sibling’s actions as executor? – North Carolina Short Answer In North Carolina, most disputes about what an executor is doing (or not doing) get raised in the estate file with the Clerk of Superior Court. A common first step is to request the estate paperwork (inventory and accountings) and then…
Can I access my father’s pending litigation or benefit claims as executor? – North Carolina Short Answer In North Carolina, a decedent’s pending lawsuit or benefit claim usually becomes part of the estate, and the person with authority to deal with it is the court-appointed personal representative (executor under a will, or administrator when there…
What are my duties and deadlines as executor of my father’s estate after receiving his inheritance? – North Carolina Short Answer In North Carolina, an executor (called a “personal representative”) must collect and safeguard estate assets, notify creditors, pay valid debts and expenses in the proper order, and then distribute what remains to the beneficiaries.…
Am I entitled to reimbursement from the estate for the funeral expenses my aunt paid? – North Carolina Short Answer In North Carolina, funeral expenses are generally an obligation of the decedent’s estate, so a person who paid reasonable funeral costs may seek reimbursement from the estate. To get paid, the aunt usually must present…
Can I recover life insurance or retirement plan funds that bypassed the estate or went to child welfare? – North Carolina Short Answer Sometimes. In North Carolina, life insurance and many retirement benefits usually pass outside probate to the named beneficiary, so the estate (and heirs) often cannot “pull them back” just because the estate…
Do I need to open full probate or can I use a small estate affidavit to claim the trailer? – North Carolina Short Answer In North Carolina, full probate is not always required to claim a trailer after a death. If the estate qualifies as a “small estate” (generally, personal property valued at $20,000 or…
