Category Archives: Probate Q&A Series

Can the estate require that the deceased owner’s share of the home-sale proceeds be held back to pay estate expenses and creditor claims before the heirs get paid? nc

Can the estate require that the deceased owner’s share of the home-sale proceeds be held back to pay estate expenses and creditor claims before the heirs get paid? – North Carolina Short Answer Yes. In North Carolina, the personal representative generally must make sure valid estate expenses and creditor claims are paid (in the legal…

If no probate was opened after earlier family deaths, does that affect who owns the property now or the ability to sell it? nc

If no probate was opened after earlier family deaths, does that affect who owns the property now or the ability to sell it? – North Carolina Short Answer In North Carolina, not opening probate does not automatically stop ownership from passing at death, but it often leaves the property’s title “unclear” in the public records.…

How do I use a small-estate affidavit to close a deceased parent’s credit union account and receive the remaining funds? nc

How do I use a small-estate affidavit to close a deceased parent’s credit union account and receive the remaining funds? – North Carolina Short Answer In North Carolina, a “small-estate affidavit” is typically a collection by affidavit process that lets an heir collect certain personal property (like a credit union account) without opening a full…

How do we handle transferring a paid-off house and a vehicle when there is no will and no surviving spouse? nc

How do we handle transferring a paid-off house and a vehicle when there is no will and no surviving spouse? – North Carolina Short Answer In North Carolina, when someone dies without a will and without a surviving spouse, the house and vehicle usually pass to the decedent’s heirs under the state’s intestate succession rules,…

If we signed an equitable distribution agreement but never got a divorce decree, do I still count as the surviving spouse for inheritance and estate rights? nc

If we signed an equitable distribution agreement but never got a divorce decree, do I still count as the surviving spouse for inheritance and estate rights? – North Carolina Short Answer Usually, yes. In North Carolina, a signed equitable distribution agreement does not end a marriage by itself, so if no absolute divorce decree was…

What kind of proof does the court need to accept a lost or destroyed will as valid? nc

What kind of proof does the court need to accept a lost or destroyed will as valid? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can admit a lost or destroyed will (often by probating a copy) only if the person offering it proves the will’s validity and explains why…

What is the proper way to transfer an estate vehicle to someone else, and what happens if someone tries to gift it without a title transfer? nc

What is the proper way to transfer an estate vehicle to someone else, and what happens if someone tries to gift it without a title transfer? – North Carolina Short Answer In North Carolina, an estate vehicle should be transferred through the DMV using the correct authority document (often the personal representative’s Letters or a…

How do I open an estate when my child’s other parent died without a will and I need to handle a house and bank account? nc

How do I open an estate when my child’s other parent died without a will and I need to handle a house and bank account? – North Carolina Short Answer In North Carolina, an intestate (no-will) estate is usually opened by applying to the Clerk of Superior Court in the county where the person lived…

As an heir named in the will, what information am I entitled to receive about the estate assets, inventory, and distributions during probate? nc

As an heir named in the will, what information am I entitled to receive about the estate assets, inventory, and distributions during probate? – North Carolina Short Answer In North Carolina probate, the personal representative (executor/administrator) must file an inventory and later file accountings with the Clerk of Superior Court that show what probate assets…

What happens if one heir tries to list or sell the property before the estate is opened or before the personal representative approves the sale? nc

What happens if one heir tries to list or sell the property before the estate is opened or before the personal representative approves the sale? – North Carolina Short Answer In North Carolina, an heir can market a property interest, but an heir usually cannot deliver clear, “safe” title to a buyer during estate administration…