Do I need a quitclaim deed, an executor/administrator deed, or something else to transfer the house after a death? – North Carolina Short Answer In North Carolina, the “right” deed depends on how the home passed at death and whether a personal representative had authority to sign for the estate. If the home passed to…
What can I do if someone transferred my deceased parent’s property after they died without telling the heirs? – North Carolina Short Answer In North Carolina, the first practical step is usually to open the estate with the Clerk of Superior Court and get a personal representative appointed, then immediately pull the recorded deeds and…
If the court doesn’t act quickly, what steps can I take to move the estate administration forward? – North Carolina Short Answer In North Carolina, most estate administration issues are handled by the Clerk of Superior Court, and delays can often be addressed by filing a targeted petition or motion that asks the Clerk to…
What counts as part of a life estate in a home versus personal property, especially for things like appliances, built-in ovens, HVAC systems, and lighting fixtures? – North Carolina Short Answer In North Carolina, a life estate in a home generally covers the real property and the items that are treated as part of the…
Do joint bank accounts automatically become mine after a parent dies, or do they have to go through probate? – North Carolina Short Answer In North Carolina, a joint bank account does not automatically “go through probate” if it was set up with a valid right of survivorship (or as a payable-on-death (POD) account). In…
If money was transferred to me after my parent died, how do I document where it came from and how it should be handled in the estate? – North Carolina Short Answer In North Carolina, money that moved to someone after a parent’s death should be documented so the clerk of superior court (estate division)…
If an estate is reopened for a limited claim, does that mean we also have to review and address tax issues for that estate? – North Carolina Short Answer Not automatically. In North Carolina, reopening an estate for a limited purpose usually limits what the personal representative must do in the reopened proceeding, but taxes…
Can an older will that left everything to me be used to challenge a newer will that changed the inheritance? – North Carolina Short Answer Yes. In North Carolina, an older will can be important evidence in a will contest (called a “caveat”), especially if the newer will looks like a sudden change made when…
What happens after I file a petition with the court clerk to remove the personal representative? – North Carolina Short Answer In North Carolina, a petition to remove a personal representative is handled in the estate proceeding before the Clerk of Superior Court. After the petition is filed, the clerk typically issues a notice and…
What steps can be taken to make the executor or surviving spouse follow the will and transfer the property? – North Carolina Short Answer In North Carolina, the main way to force an executor (personal representative) to follow a will is to open an estate proceeding with the Clerk of Superior Court in the county…
