Category Archives: Probate Q&A Series

How does identifying a potential surviving spouse during probate affect the process and required estate documentation?

How Do I Obtain Property Parcel Information for Use as Collateral During Probate in North Carolina? In North Carolina probate administration, obtaining the parcel number and full property address is essential if you plan to use estate property as collateral. Counties like Gary’sburg require precise information to satisfy lenders’ conditions. Generally, property records are maintained…

What steps should I take if I only have copies of a holographic will instead of the original required for probate?

What Is a Holographic Will in North Carolina and How Can It Be Probated? A holographic will is a document that is handwritten and signed by the testator. In North Carolina, a valid will must comply with the formal execution requirements set by statute. When a handwritten document is discovered, probating it requires showing that…

What challenges arise when attempting to probate a holographic will if only a copy is available instead of the original?

What Is a Holographic Will in North Carolina? A holographic will is a handwritten will created entirely in the testator’s own handwriting, without the presence of witnesses. In North Carolina, a holographic will is subject to specific legal requirements. The law demands that the will be written in a clear and legible manner by the…

How do I arrange for notarized affidavits for estate documents when the signer is out-of-state?

Do I Need to Get Affidavits Notarized In Person for Probate Administration in North Carolina? In North Carolina, affidavits play an important role in probate cases. When you sign an affidavit, you must have the document notarized by a commissioned notary public. This requirement ensures that fingerprinted signatures are authentic and that the document meets…

How does an incomplete beneficiary change on a life insurance policy affect probate and my rights as a beneficiary?

Do Life Insurance Benefits Go Through Probate in North Carolina? In North Carolina, life insurance proceeds typically do not pass through probate. The designated beneficiary usually receives the funds directly from the insurance company. This is designed to ensure a timely distribution of assets without the delays often associated with probate court. When a life…

What Steps Should I Take When I Receive a Settlement Check from an Estate?

What Steps Should I Take When I Receive a Settlement Check from an Estate? Receiving a settlement check as a beneficiary or representative of an estate is an important milestone. In North Carolina, the check can be a sign that the probate process has advanced and that an accounting of the estate’s assets is underway.…

What Responsibilities Does a Probate Administrator Have – and How Can Estate Debts and Taxes Be Managed?

What Responsibilities Does a Probate Administrator Have – and How Can Estate Debts and Taxes Be Managed? Serving as a probate administrator in North Carolina comes with important responsibilities that include identifying and gathering all estate assets, paying off creditors, and filing estate tax returns. When you are appointed, you ensure that assets, like bank…

How Can I Ensure That I Receive My Rightful Share of the Probate Estate in North Carolina?

How Can I Ensure That I Receive My Rightful Share of the Probate Estate in North Carolina? In North Carolina, if you suspect that your inheritance is being withheld, it is important to understand your rights as an heir and your available legal remedies. When a family member has been designated to administer the estate,…

What is a revocable living trust, and how does funding one help avoid the probate process compared to a simple will?

What Is a Revocable Living Trust and How Does It Differ From a Will in North Carolina? A revocable living trust is an estate planning document that allows you to transfer assets into a trust during your lifetime with the flexibility to modify or revoke it anytime. Unlike a traditional will—which only takes effect upon…

How do I access a safe deposit box to check for a will when I can’t locate one in my late parent’s estate?

What Is the Process for Accessing a Safe Deposit Box in a North Carolina Probate Case? In North Carolina, accessing a safe deposit box belonging to a decedent is a critical early step in the probate process. When a safe deposit box may contain a will or important estate documents, a petition must be filed…