How do I start probate quickly if a relative already began the court paperwork? – North Carolina Short Answer In North Carolina, probate starts and moves forward through the Clerk of Superior Court (the “estate file”). If a relative already opened the file or submitted forms, the fastest path is usually to step into that…
What happens to automatic payments or loans at a bank after someone dies? – North Carolina Short Answer In North Carolina, a person’s death does not automatically cancel loans or other debts, but it often does change who has authority to make payments and access the account. Most banks will restrict a sole-owner account once…
Do payable-on-death bank accounts need to be listed on the probate inventory? – North Carolina Short Answer Usually, no. In North Carolina, a payable-on-death (POD) bank account is designed to pass directly to the named beneficiary at death, so it typically is not treated as a probate asset that must be inventoried as part of…
If I already have a durable power of attorney, will the DMV accept that instead of court letters? – North Carolina Short Answer Usually, no. In North Carolina, a durable power of attorney is authority from a living person, and it generally does not replace “court letters” (Letters Testamentary or Letters of Administration) when the…
What happens if I miss the deadline to return a notarized authorization letter the bank needs? – North Carolina Short Answer In North Carolina estate administration, missing a bank’s deadline to return a notarized authorization letter usually does not automatically “lose” a probate right, but it can delay the bank’s processing and may cause the…
Can I be reimbursed from the estate for cremation and other necessary expenses I paid, and how are medical and utility bills prioritized, including any Medicaid recovery? – North Carolina Short Answer Often, yes—reasonable cremation/funeral expenses and certain other necessary out-of-pocket costs can be reimbursed from a North Carolina estate, but only after a personal…
What paperwork should I keep to prove the vehicle was legally retitled out of the decedent’s name? – North Carolina Short Answer In North Carolina, the cleanest proof that an estate vehicle was legally retitled is a paper trail that shows (1) the legal authority to transfer the title (letters, will/affidavit of heirs, or clerk…
Can I sell the inherited house as an heir and have the mortgage paid from closing instead of keeping up monthly payments? – North Carolina Short Answer Often, yes. In North Carolina, an inherited house can usually be sold and the mortgage can be paid off out of the closing proceeds, as long as the…
How do I know which documents the title company needs from the estate, and do they have to be certified copies? – North Carolina Short Answer In North Carolina, a title company usually needs court-issued proof of who has authority to act for the estate (letters testamentary or letters of administration) and the probate filings…
How can I use the certified copy of the will to handle assets that turn up in another state years later? – North Carolina Short Answer In North Carolina, a certified copy of the will and the probate record is mainly a proof document: it shows third parties and other courts that the will was…
