Can we open an estate as intestate even if a will exists, just to move forward with a wrongful death claim? – North Carolina Short Answer In North Carolina, a wrongful death claim must be brought by the decedent’s personal representative (an executor under a valid will, or an administrator if there is no valid…
Can the estate or property matter proceed while address verification is still pending, or does everything pause until notice is complete? – North Carolina Short Answer In North Carolina, many parts of an estate administration can move forward even while an address is being confirmed, but the court generally will not enter certain orders that…
How do I get court approval for someone to represent my minor child’s inheritance interest so a real estate closing can go forward? – North Carolina Short Answer In North Carolina, when a minor has an inheritance interest tied to a real estate transaction, the closing often cannot move forward until the Clerk of Superior…
What documents are typically required to prove someone has authority to act for an estate when dealing with an employer? – North Carolina Short Answer In North Carolina, an employer will usually require proof that a person has been officially appointed to act for the estate. The most common proof is a certified copy of…
If a lender already foreclosed on a home and took the property, can they still file a claim against the estate for the remaining balance? – North Carolina Short Answer Yes—sometimes. In North Carolina, a foreclosure does not automatically erase the underlying promissory note, so a lender may still try to assert a “deficiency” claim…
Can I update and finalize the estate inventory if some assets are out of state and I’m still tracking them down? – North Carolina Short Answer Yes. In North Carolina, the estate representative can usually file the required inventory on time using the best information available, and then update it if additional assets are found…
What can I file to require someone to produce the original of a newer will they are holding? – North Carolina Short Answer In North Carolina, the most common way to force the issue of a “newer will” when an estate is moving forward under an older will is to file a caveat in the…
What documents do I need to file to get access to the deceased person’s bank account and distribute the funds to the heirs? – North Carolina Short Answer In North Carolina, the documents depend on whether the bank account can be handled through the small-estate “collection by affidavit” process or whether a full estate must…
How should I respond if another interested party keeps reaching out while the family’s contact information is still being confirmed? – North Carolina Short Answer In North Carolina probate matters, the safest response is a short, neutral update: the matter is being reviewed and contact information for the family is still being confirmed, so no…
Who is the right person to speak with about a deceased person’s estate? – North Carolina Short Answer In North Carolina, the right person to speak with about a deceased person’s estate is usually the court-appointed personal representative (the executor if there is a will, or the administrator if there is no will). That person’s…
