Do I have to open probate when there’s a pourover will and some assets werent titled in the trust at the time of death? – North Carolina Short Answer Often, yes. In North Carolina, a pour-over will only moves property into the trust if that property first becomes part of the probate estate, which usually…
Can I force my sibling to account for the sale proceeds and unwind transfers while I move forward with probate for my parent? – North Carolina Short Answer In North Carolina, a sibling generally cannot be forced to account to the estate until there is a proper legal “fiduciary” in place (usually a court-appointed personal…
How can I claim a year’s allowance from a deceased relative’s estate, and what proof or signatures are required? – North Carolina Short Answer In North Carolina, a year’s allowance is claimed by filing a verified (sworn) petition with the Clerk of Superior Court in the county where estate venue is proper. If a personal…
Can the personal representative make distributions or close the estate before the final accounting is approved? – North Carolina Short Answer In North Carolina, a personal representative may be able to make some distributions before the Clerk of Superior Court approves the final account, but doing so can increase risk if later claims, expenses, or…
If our home is jointly owned and I plan to sell it soon, do I still need to open probate for anything else? – North Carolina Short Answer Not always. In North Carolina, a jointly owned home with survivorship rights often passes to the surviving co-owner without a full probate estate, but probate (or a…
What is the difference between an executor and an administrator, and does it affect what I can do for the estate? – North Carolina Short Answer In North Carolina, an executor is the person named in a valid will to handle the estate, while an administrator is the person the Clerk of Superior Court appoints…
How do I transfer a property deed after probate is already closed? – North Carolina Short Answer In North Carolina, a closed probate file does not automatically prevent a later deed transfer, but the correct fix depends on what was missed. If a personal representative has already been discharged and a necessary act (like signing…
What tax steps should I take now that probate is closed if I haven’t filed anything related to the inherited property yet? – North Carolina Short Answer In North Carolina, once probate is closed, the most important “tax step” is usually not a special probate tax filing—it is making sure the county tax office has…
What evidence is needed to prove undue influence by a step-parent in a will contest? – North Carolina Short Answer In North Carolina, undue influence in a will contest is usually proved with circumstantial evidence that shows the step-parent had the chance and intent to control the will-making process and that the will’s terms look…
What grounds do I need to challenge the validity of a will? – North Carolina Short Answer In North Carolina, a will is usually challenged by filing a “caveat” after the will is admitted to probate. Common grounds include improper execution (the signing and witnessing rules were not followed), lack of testamentary capacity, undue influence,…
