What evidence do I need to prove my late spouse intended to change the beneficiary to me? – North Carolina Short Answer In North Carolina, an insurer pays the person named on the life insurance policy unless the insured validly changed the beneficiary under the policy’s rules. To prove your spouse intended—and effectively tried—to name…
What steps do I take to enforce a spousal allowance while disputing a beneficiary designation? – North Carolina Short Answer In North Carolina, you can apply for a spousal year’s allowance (and a child’s allowance, if eligible) through the Clerk of Superior Court without opening a formal estate. The allowance is paid from the decedent’s…
Can an estranged step-parent contest the estate if we are the only next of kin? – North Carolina Short Answer In North Carolina, a step-parent who is not a legal heir and has no will to challenge generally cannot “contest the estate” in an intestate case. When someone dies without a will, the heirs set…
How do we handle selling a mortgaged house through probate? – North Carolina Short Answer In North Carolina, heirs own a decedent’s real estate at death, but a personal representative (PR) can sell it to pay valid estate debts or can join the heirs in a voluntary sale. For an intestate estate, you typically either…
Do my sibling and I need to appear in court to be appointed as administrators? – North Carolina Short Answer Usually no. In North Carolina, you can qualify as an administrator without appearing in person by signing the oath before a notary and filing the required forms with the Clerk of Superior Court. Because you…
After probate, how can I transfer inherited real estate into a trust to keep it in our family? – North Carolina Short Answer In North Carolina, once a will is probated, title to the decedent’s North Carolina real estate vests in the devisees, subject to estate debts. You can place the property into a family…
What steps does my mother need to take to renounce her role as executor so I can qualify instead? – North Carolina Short Answer In North Carolina, a named executor can renounce by filing a signed, acknowledged renunciation with the Clerk of Superior Court, usually on AOC-E-200. Once she renounces, the clerk may appoint a…
How do I handle or transfer the out-of-state property after we settle the primary probate in another state? – North Carolina Short Answer Under North Carolina law, real estate is governed by the law of the state where it sits. If the decedent owned North Carolina real property but the main probate happened elsewhere, you…
How can I formally open my great aunt’s estate in North Carolina when her will is already on file? – North Carolina Short Answer In North Carolina, simply filing a will does not open an estate. To start probate formally, you apply with the Clerk of Superior Court for probate of the will and to…
Can I sell a house from my parent’s estate before probate is finalized? – North Carolina Short Answer Yes, but only if you use the right path. In North Carolina, you can sell before the estate is fully closed if (1) the personal representative (PR) has authority under the will, (2) the Clerk of Superior…
