If the estate has hospital and credit card debts, can the house be sold to pay those first, and who decides that in probate? – North Carolina Short Answer In North Carolina probate, a house can be sold to create cash to pay valid estate debts (including hospital bills and credit card claims), but the…
How do I look up an estate or court file online if I don’t have the file number? – North Carolina Short Answer In North Carolina, most estate files are maintained by the Clerk of Superior Court (Estates Division), and the public can usually search for them by a person’s name instead of a file…
What documents are needed to prove the estate is open and let someone speak and settle on the estate’s behalf? – North Carolina Short Answer In North Carolina, the document that usually proves an estate is open and authorizes someone to act for the estate is the Letters issued by the Clerk of Superior Court—either…
How are medical bills and small credit charges handled after the notice to creditors, and can insurance benefits be applied to pay them? – North Carolina Short Answer In North Carolina probate, medical bills and small credit-card charges are handled as creditor claims: they should be presented in writing within the creditor-claim deadline stated in…
Can the utility company send the final statement electronically, and is that sufficient for the estate process and notifying creditors? – North Carolina Short Answer In North Carolina, a utility company can usually send a final bill electronically if the account setup allows it, and an emailed/PDF statement is often workable for paying the bill…
Can I get a full accounting of the estate, including bank statements and proof of what each payment was for? – North Carolina Short Answer Yes—under North Carolina probate practice, an executor (personal representative) must file estate accountings with the Clerk of Superior Court that list receipts and disbursements, and the Clerk can require supporting…
Can I set up the estate account at the same bank where I already have a personal account, and will the account be under my name as executor? – North Carolina Short Answer Yes. In North Carolina, a court-appointed executor (also called a personal representative) can usually open an estate checking account at the same…
Are there ongoing reporting or closing requirements for the estate if the only remaining issue is the wrongful death case? – North Carolina Short Answer Yes. In North Carolina, if an estate stays open beyond a year, the personal representative generally must keep filing required probate reports (most commonly an annual account) until a final…
Is there a required waiting period before filing for probate in this situation, and could waiting affect any claims or deadlines for the estate? – North Carolina Short Answer North Carolina generally does not require a waiting period after death before opening an estate (starting probate) with the Clerk of Superior Court. In many cases,…
How can I obtain shareholder account statements for a deceased person’s estate if the transfer agent won’t discuss specifics without verification? – North Carolina Short Answer In North Carolina, a transfer agent will usually release a deceased shareholder’s account statements only after receiving proof that a legally authorized person is requesting them. The most common…
