Can a creditor place a new lien on property once the creditor notice period has ended? – North Carolina Short Answer Generally, no. In North Carolina probate, unsecured claims not presented by the creditor notice deadline are barred from estate assets. However, existing liens (like recorded deeds of trust or properly docketed judgment liens) can…
Am I responsible for paying a court cost lien on estate property if I wasn’t notified in probate? – North Carolina Short Answer In North Carolina, a properly docketed lien (including a judgment for court costs) attached to the decedent’s real estate usually must be paid from the sale proceeds even if the creditor never…
How can I remove a lien filed on estate property after probate has closed? – North Carolina Short Answer In North Carolina, a properly docketed judgment lien against estate real property can be enforced even if the creditor never filed a claim during the probate notice period. To clear title, you must either (1) get…
How do I file for partition of estate property if multiple interests arise? – North Carolina Short Answer In North Carolina, a partition is a special proceeding before the Clerk of Superior Court that lets co-owners (heirs or devisees) divide real estate or sell it and split the proceeds. If the land can be fairly…
Can I use estate account funds to pay creditors and cover estate expenses? – North Carolina Short Answer Yes, but only in the order and on the timeline North Carolina law allows. After you publish and mail the required notice to creditors, you generally wait at least three months before paying claims unless you are…
What steps do I need to take as executor to complete probate administration? – North Carolina Short Answer In North Carolina, an executor qualifies with the Clerk of Superior Court, gathers and inventories assets within three months, publishes and mails a notice to creditors, then pays valid claims in the statutory order before distributing what…
How can I recover surplus sale proceeds from a foreclosure of estate property? – North Carolina Short Answer In North Carolina, surplus funds from a completed power-of-sale foreclosure are deposited with the Clerk of Superior Court. An executor, heir/devisee, or junior lienholder can file a motion in the foreclosure case asking the clerk to disburse…
What are my options if mediation doesn’t resolve our estate dispute? – North Carolina Short Answer In North Carolina, if mediation does not settle an estate dispute, the case typically moves to a hearing before the Clerk of Superior Court, who can decide most estate issues. Some matters can be transferred or must be filed…
Do I need to file my late spouse’s personal tax returns or an estate tax return after they passed away? – North Carolina Short Answer Yes. In North Carolina, the personal representative must file the decedent’s final federal and state individual income tax returns for the year of death. You may also need to file…
How do I notify creditors and handle my spouse’s outstanding debts without risking personal liability? – North Carolina Short Answer In North Carolina, once you are appointed as the estate administrator, you must publish a notice to creditors and mail notice to known creditors, then pay valid claims in the strict order set by statute.…
