What happens to a deceased person’s inheritance if they die before receiving it, and how is it distributed? – North Carolina Short Answer In North Carolina, if a beneficiary survives the original decedent long enough to become entitled to the inheritance, but dies before the money or property is actually paid out, that beneficiary’s share…
What happens to bank accounts, utilities, and debts immediately after someone passes? – North Carolina Short Answer In North Carolina, a person’s death usually triggers an immediate “freeze” on access to accounts that were only in the deceased person’s name until a properly authorized person can act for the estate. Joint accounts with survivorship and…
What is the process to transfer a tenant-in-common interest in a family farm outside the country to the correct heirs? – North Carolina Short Answer Under North Carolina probate practice, the usual first step is to reopen the decedent’s estate and have the Clerk of Superior Court appoint a new personal representative so someone has…
What happens if sale proceeds are delayed—do unsecured debts continue to accrue interest or fees during probate? – North Carolina Short Answer Often, an unsecured debt (like a credit card) can continue to accrue contract interest and certain charges during North Carolina probate until the claim is paid, but the estate does not have to…
How can I handle a deceased person’s credit card debt while the estate is still waiting on real estate sale proceeds? – North Carolina Short Answer In North Carolina, a personal representative usually should not rush to pay an unsecured credit card claim before the creditor-claim period runs and before it is clear the estate…
How can I get clear title to inherited land when my parent died without a will and my siblings say they don’t want it? – North Carolina Short Answer In North Carolina, when a parent dies without a will, the land usually passes to the legal heirs as “heirs’ property,” meaning each heir owns an…
How can I slow down or stop a quick sale of the house while the estate and will issues are being sorted out? – North Carolina Short Answer In North Carolina, the most common way to slow down a fast-moving estate administration (including a planned house sale) is to file a will caveat (a formal…
What documents and valuations are required for the estate inventory and the notice to creditors? – North Carolina Short Answer In North Carolina, the estate inventory generally requires a complete list and date-of-death fair market value for probate assets, with enough detail to identify each item (for example, vehicle VINs and descriptions). Assets that pass…
What happens if sale proceeds are being held in escrow while the estate is still being administered? – North Carolina Short Answer In North Carolina, sale proceeds tied to a decedent’s ownership interest are usually treated as an estate asset that should be safeguarded and then collected by the qualified personal representative (executor/administrator) when release…
Can my spouse and I assume or refinance the existing mortgage while probate is pending, and what paperwork will the lender require? – North Carolina Short Answer Sometimes, but it depends on what the lender is willing to do and whether someone has legal authority to act for the estate. In North Carolina, a lender…
