What can I do if I believe the person who opened the estate is hiding or destroyed the original will? – North Carolina Short Answer In North Carolina, the probate court (the Clerk of Superior Court) can address a missing original will, but the approach depends on what is being challenged: (1) whether a copy…
If the will is thrown out, what determines who inherits the estate instead? – North Carolina Short Answer In North Carolina, if a will is found invalid, the estate is usually distributed under (1) any other valid, unrevoked will the person left, or (2) North Carolina’s intestate succession laws if there is no other valid…
Can a notary’s records be used to prove who witnessed the will signing? – North Carolina Short Answer Sometimes. In North Carolina, a notary’s journal entry or other notarial record can help confirm who was present and what was notarized, but it usually does not replace the probate proof the Clerk of Superior Court requires…
What happens if the bank account has more money than the deficiency amount—do I need to open a small estate to collect the remaining funds? – North Carolina Short Answer Often, yes. In North Carolina, a year’s allowance order (and any deficiency judgment tied to it) can help transfer specific property and establish what the…
Can the estate pay for a CPA to prepare the decedent’s final tax return and the estate’s income tax return related to investment sales? – North Carolina Short Answer Yes. In North Carolina, a personal representative (executor) can generally use estate funds to hire and pay a CPA to prepare the decedent’s final income tax…
If an annuity was closed out right before death but the check was deposited after death, does that count as estate income? – North Carolina Short Answer In North Carolina, an annuity payout that was triggered before death but received (or deposited) after death is often treated as an estate receipt, but whether it is…
Do I need to open an estate to receive settlement money that was awarded after the other parent died? – North Carolina Short Answer Often, yes—some type of North Carolina estate proceeding is required because many settlement checks can only be paid to a court-appointed personal representative (executor/administrator). A major exception is a wrongful death…
Can the estate sell the home and the other parcel of land without a court hearing if all heirs agree? – North Carolina Short Answer Usually not when the sale is needed to pay estate debts. In North Carolina, selling a decedent’s real estate to “create assets” for creditors is typically done through a clerk…
Can an executor require a buyer to assume the business’s existing loans or credit card debt as part of the sale? – North Carolina Short Answer Yes—under North Carolina law, an executor (personal representative) can propose a deal where the buyer assumes certain business debts, but the buyer generally does not have to accept that…
What happens if estate items like a tractor or other equipment were never listed on the inventory and are still sitting on someone else’s property? – North Carolina Short Answer In North Carolina, estate personal property that was missed on the inventory generally still belongs to the estate and should be gathered, protected, and reported…
