What steps do I need to close an estate when assets pass through a revocable living trust? – North Carolina Short Answer In North Carolina, if a will pours real property into a revocable living trust, the estate still handles creditor claims and court-required accountings; the trust handles distribution. To close the estate, you must…
Which filings or deeds are required to transfer property and finalize closing of the estate? – North Carolina Short Answer In North Carolina, title to real estate devised by will passes to the devisee (here, the trustee of the revocable trust) when the will is probated. To transfer marketable title, record a certified copy of…
What can I do if a beneficiary sibling refuses to collect their vehicle and personal items from estate property? – North Carolina Short Answer In North Carolina, once you are appointed as the personal representative, you control and must safeguard the estate’s personal property. You can secure, inventory, and store the sibling’s vehicle and items;…
Can I remove or dispose of unwanted items or trash from the decedent’s house as the appointed executor? – North Carolina Short Answer In North Carolina, once you are formally appointed and receive Letters from the Clerk of Superior Court, you may remove trash and valueless items and may sell or otherwise dispose of the…
How do I distribute personal property in the house that isn’t specifically assigned in the will? – North Carolina Short Answer In North Carolina, personal property not specifically given to someone in the will typically falls to the will’s “residuary” gift. The personal representative (once appointed) secures, inventories, and then distributes or sells those items…
How can I file the original will in North Carolina and petition to be appointed executor? – North Carolina Short Answer In North Carolina, you file the original will and apply to serve with the Clerk of Superior Court in the county where the decedent lived. If the named executor won’t serve, an interested person…
What options do I have if I missed or need to extend the filing deadline for estate affidavits? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can extend most estate filing deadlines. Ask before a deadline passes by showing good cause; if you ask after a deadline, you must also…
How do I retitle real property when handling an estate without a will? – North Carolina Short Answer In North Carolina, when someone dies without a will, title to non-survivorship real estate passes immediately to the heirs at the moment of death. The administrator does not automatically “retitle” that land; instead, you typically record a…
Can I add my name to the land titled solely in my spouse’s name through the probate process? – North Carolina Short Answer In North Carolina, land titled only in a deceased spouse’s name does not transfer “into the estate” for retitling. It passes at death to the legal heirs, not to the administrator. Probate…
How can I complete and file the affidavit of collections before the bank’s deadline or get more time? – North Carolina Short Answer In North Carolina, a small-estate “affidavit of collection” is available only if no one has qualified as personal representative and the personal property is within statutory limits. If you are already the…
