What legal protections exist for co-executors if some fail to provide estate statements? – North Carolina Short Answer North Carolina law requires personal representatives to file an inventory within three months of qualifying and to file annual or final accounts. If co-executors withhold statements or refuse to account, the Clerk of Superior Court can order…
How can I ensure my rights as a co-executor when others exclude me from estate communications? – North Carolina Short Answer In North Carolina, co-executors generally must act together or as the will and statutes allow; no one co-executor may unilaterally control the estate. If you’re being excluded, you can petition the Clerk of Superior…
What steps do I take to review and finalize a real estate sales contract in probate? – North Carolina Short Answer In North Carolina, an executor must confirm legal authority to sell the property (by will or court order), ensure all required signatures from co-executors, and follow any court-approved sale rules before closing. If a…
How can I ensure the car is valued and distributed fairly under the estate plan? – North Carolina Short Answer In North Carolina, the personal representative must list the car on the estate inventory at its fair market value as of the date of death and can hire a disinterested appraiser to support that value.…
Can a promissory note payable to my daughter still be split with my brother under the residual estate? – North Carolina Short Answer In North Carolina, a promissory note is split under the residuary estate only if it is a probate asset owned by the decedent at death. If the note names your daughter as…
What steps do I need to transfer real property title to my daughter as a UTMA custodian? – North Carolina Short Answer In North Carolina, you transfer a minor’s real estate interest to a custodian by recording a deed that vests title “to [Custodian], as custodian for [Minor] under the North Carolina Uniform Transfers to…
How do I authorize the estate to pay utilities, taxes, and deed fees for properties I co-own with my brother? – North Carolina Short Answer In North Carolina, the personal representative may use estate funds to pay real-property expenses only if the representative has legal authority over that property. Because title to real estate vests…
What is ancillary probate and when do I need to open it to sell an estate property in another state? – North Carolina Short Answer Ancillary probate is a small, secondary probate case opened in the state where the real estate sits so a personal representative can legally transfer title there. If you are handling…
What can I do to confirm the beneficiaries and distribution of my father’s life insurance and retirement accounts? – North Carolina Short Answer In North Carolina, life insurance and most retirement accounts pass by beneficiary designation, not through probate. To confirm who inherits and how the money will be paid, request written confirmation from each…
Can the sale of estate property move forward if ancillary probate isn’t finished yet? – North Carolina Short Answer In North Carolina, a sale can move forward before ancillary probate is “finished,” but only if the seller has the right North Carolina authority in place. Within two years of death, heirs alone cannot pass marketable…
