Do I need co-owner consent before cleaning out or improving inherited house property? – North Carolina Short Answer In North Carolina, each co-owner has an equal right to possess the entire property. You may secure and perform basic maintenance (like changing locks for safety with notice, lawn care, or light cleaning) without excluding others. But…
After selling the vehicle, what steps remain to close my parent’s estate? – North Carolina Short Answer In North Carolina, if the only probate asset is a vehicle, you can transfer or sell it without full probate by using either (a) a DMV title assignment affidavit or (b) a small estate affidavit filed with the…
What is the proper way to endorse a refund check made payable only to the decedent for deposit into the estate account? – North Carolina Short Answer The executor may endorse and deposit a check payable to the decedent once formally qualified and after opening an estate account. Use a restrictive endorsement that shows fiduciary…
How do I determine whether to liquidate assets in the testamentary trust or retain them for future distributions? – North Carolina Short Answer In North Carolina, start with the will and trust terms. If they are silent, a trustee decides whether to sell or hold under the prudent investor rule, with a duty to diversify…
Can I combine proceeds from an IRA and a Roth IRA with other estate funds or must they remain separate? – North Carolina Short Answer In North Carolina, you generally should not combine IRA or Roth IRA proceeds with estate funds. If the IRA or Roth IRA names a beneficiary (including a testamentary trust), those…
What assets and paperwork do I need to locate to complete an estate inventory? – North Carolina Short Answer In North Carolina, the court‑appointed personal representative files an inventory within three months of qualifying. You must list all probate assets and certain assets that can be reached to pay claims, with fair‑market values as of…
What are the steps to settle debts and distribute real property in a small probate estate? – North Carolina Short Answer In North Carolina, small-estate procedures can help collect and distribute personal property, but real estate follows different rules. Title to real property vests in the heirs at death; however, if the estate needs cash…
How can my sibling get legal guardianship for our minor sibling to manage their inheritance? – North Carolina Short Answer In North Carolina, your sibling can petition the Clerk of Superior Court in the minor’s home county to be appointed guardian of the estate (or general guardian) to manage the minor’s inheritance. The guardian must…
Can legal and creditor fees be paid from the estate before heirs receive their inheritance? – North Carolina Short Answer Yes. In North Carolina, estate funds pay the costs of administration (including reasonable attorney’s fees) and valid creditor claims before heirs receive anything. After you publish and send the required notice to creditors, claims are…
How do I get a certified probate packet from another state if I lost the original? – North Carolina Short Answer Ask the court that handled your parents’ estate in their home state to issue authenticated (certified or exemplified) copies of the will and probate orders. North Carolina can accept those authenticated copies to either…
