Category Archives: Probate Q&A Series

Can the estate’s creditors or the IRS try to reach assets that passed outside probate, like property that was supposed to transfer under the divorce agreement? nc

Can the estate’s creditors or the IRS try to reach assets that passed outside probate, like property that was supposed to transfer under the divorce agreement? – North Carolina Short Answer Yes—sometimes. In North Carolina, certain “nonprobate” assets (like payable-on-death accounts, transfer-on-death securities, and some survivorship accounts) can still be reached to pay valid debts…

What information about a vehicle do you need to confirm whether it belongs to the estate? nc

What information about a vehicle do you need to confirm whether it belongs to the estate? – North Carolina Short Answer In North Carolina, the key to confirming whether a vehicle belongs to an estate is the title record: who is listed as owner, how the owners are listed (sole owner vs. co-owners with survivorship),…

Can a bank be required to provide alternative records showing account ownership and survivorship terms for an old account? nc

Can a bank be required to provide alternative records showing account ownership and survivorship terms for an old account? – North Carolina Short Answer Yes—sometimes. In a North Carolina probate matter, a bank may be required (by subpoena or court order) to produce whatever account-opening and maintenance records it still has that show how an…

Who is allowed to request or receive payment information for a deceased person’s estate? nc

Who is allowed to request or receive payment information for a deceased person’s estate? – North Carolina Short Answer In North Carolina, the person with legal authority to request and receive payment-related information for a deceased person’s estate is usually the court-appointed personal representative (executor or administrator). That authority is typically proven with certified Letters…

How can I get a death certificate and what documents do I need to transfer or confirm ownership of the home? nc

How can I get a death certificate and what documents do I need to transfer or confirm ownership of the home? – North Carolina Short Answer In North Carolina, a certified death certificate is usually obtained from the county Register of Deeds (or the NC Vital Records office) and is commonly required to handle home-ownership…

What information or documents are needed before an early distribution can be approved? nc

What information or documents are needed before an early distribution can be approved? – North Carolina Short Answer In North Carolina, an early (partial) distribution from an estate is usually possible, but the personal representative should be ready to show the Clerk of Superior Court that the estate has enough money reserved to pay known…

If some property is held through a business entity, does it still affect what my child can inherit from the estate? nc

If some property is held through a business entity, does it still affect what my child can inherit from the estate? – North Carolina Short Answer Yes. In North Carolina, property titled in the name of a business entity (like an LLC or corporation) usually is not a probate asset of the deceased person. Instead,…

What happens to the mortgage when the homeowner dies, and who is responsible for it now? nc

What happens to the mortgage when the homeowner dies, and who is responsible for it now? – North Carolina Short Answer In North Carolina, a homeowner’s death does not erase the mortgage. The loan stays attached to the home, and the lender can still foreclose if payments stop. Who is responsible depends on (1) who…

How do I confirm what I owe under the early-pay rebate section of my agreement if I pay within the early payoff window? nc

How do I confirm what I owe under the early-pay rebate section of my agreement if I pay within the early payoff window? – North Carolina Short Answer In North Carolina, the most reliable way to confirm what is owed under an “early pay rebate” clause is to request a written payoff statement that shows…

Do I need to transfer the deceased person’s car title into my name before selling it to a dealership, or can it go directly to the buyer? nc

Do I need to transfer the deceased person’s car title into my name before selling it to a dealership, or can it go directly to the buyer? – North Carolina Short Answer In North Carolina, an executor (personal representative) usually does not need to retitle the deceased person’s car into the executor’s personal name before…