What documents should I gather before we open probate with your firm? – North Carolina Short Answer For a North Carolina probate case, it helps to gather the original will (if there is one), at least one certified death certificate, a list of the decedent’s assets and debts, and basic information about family members and…
How do I start probate when my spouse died without a will, and what documents should I gather first? – North Carolina Short Answer In North Carolina, when a spouse dies without a will (dies “intestate”), a family member usually starts probate by filing paperwork with the Clerk of Superior Court in the county where…
How can I start the probate process if I haven’t signed the engagement agreement yet? – North Carolina Short Answer In North Carolina, the probate process starts at the clerk of superior court’s estate division, not with an attorney’s engagement agreement. An interested person may open an estate directly with the clerk by providing basic…
Can I use a spousal year’s allowance or similar option to claim the vehicle, and what documents do I need to file? – North Carolina Short Answer Under North Carolina law, a surviving spouse can often use the spousal year’s allowance or a related no‑probate DMV process to have a vehicle retitled without opening a…
How can I transfer a car titled only in my late spouse’s name to me without opening a full probate? – North Carolina Short Answer In North Carolina, a surviving spouse can usually retitle a vehicle that was only in the deceased spouse’s name without opening a full probate by using a special DMV affidavit…
As named executors, can we access any buyer deposits before closing, or are those funds restricted until final distribution? – North Carolina Short Answer Under North Carolina law, buyer deposits tied to a house sale (such as due diligence or earnest money) are generally restricted until closing and must be handled through the closing or…
How do we handle a sale when a trust may be involved—who has authority to sign and where are the funds disbursed? – North Carolina Short Answer Under North Carolina law, the person who signs the contract and deed to sell a house is the person or people who hold legal title: the trustee if…
Does land that I own in another state become part of my late spouse’s estate or our children’s inheritance just because we were married? – North Carolina Short Answer Under North Carolina law, land titled solely in a surviving spouse’s name in another state does not automatically become part of the deceased spouse’s estate or…
Is it a problem that we sold a vehicle and divided a small bank account before opening probate? – North Carolina Short Answer Under North Carolina law, selling a vehicle and dividing a small bank account before opening probate is not automatically a legal violation, especially in a modest, family-only estate. The concern is whether…
What costs should I expect when opening an estate, and when are they due? – North Carolina Short Answer In North Carolina, opening an estate usually involves court filing costs paid to the clerk, and ongoing administrative expenses such as attorney’s fees and the personal representative’s commission, which are paid from estate funds. Basic court…
