Category Archives: Probate Q&A Series

What personal property allowance am I entitled to as a surviving spouse under intestate rules and how does it affect distribution?: North Carolina probate answer

What personal property allowance am I entitled to as a surviving spouse under intestate rules and how does it affect distribution? – North Carolina Short Answer In North Carolina, a surviving spouse is entitled to a $60,000 year’s allowance from the decedent’s personal property. This allowance is typically paid before most creditor claims and before…

What assets do I need to include in the estate inventory and how can I locate missing life insurance or retirement accounts?

What assets do I need to include in the estate inventory and how can I locate missing life insurance or retirement accounts? – North Carolina Short Answer In North Carolina, list all probate assets owned in the decedent’s name alone—cash, bank accounts, vehicles, brokerage holdings, and any insurance or retirement benefits payable to the estate—valued…

What steps do I need to complete probate for my mother’s estate when I live out of state?: North Carolina

What steps do I need to complete probate for my mother’s estate when I live out of state? – North Carolina Short Answer In North Carolina, you can serve as a co‑executor from out of state if you appoint a North Carolina resident as your process agent and post any bond the Clerk requires. After…

Can I create a binding agreement to advance personal funds to a sibling to vacate the inherited home?: North Carolina

Can I create a binding agreement to advance personal funds to a sibling to vacate the inherited home? – North Carolina Short Answer Yes, but do it under your North Carolina executor authority and with safeguards. As a co‑executor, you can enter a written, enforceable agreement that advances your personal funds to help a devisee…

How do I distribute a deceased heir’s share of property among grandchildren under the will?

How do I distribute a deceased heir’s share of property among grandchildren under the will? – North Carolina Short Answer In North Carolina, if a child named in the will dies before the testator and leaves children, those grandchildren usually take their parent’s share by substitution unless the will clearly says otherwise. This is called…

What is involved in selling and dividing proceeds of estate land located in different counties?

What is involved in selling and dividing proceeds of estate land located in different counties? – North Carolina Short Answer In North Carolina, you sell estate real estate either under authority in the will (a power of sale) or through a special proceeding before the Clerk of Superior Court to raise money to pay estate…

Is it possible to appoint a professional or third-party administrator instead of a family member?

Is it possible to appoint a professional or third-party administrator instead of a family member? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court may appoint a disinterested administrator (for example, the county public administrator or another qualified professional) when it serves the estate’s best interests. Although next of kin…

What steps can I take to protect the proceeds from my parent’s home sale from misuse by the administrator?: North Carolina guidance

What steps can I take to protect the proceeds from my parent’s home sale from misuse by the administrator? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to (1) appoint a neutral fiduciary or a temporary collector, (2) require a meaningful bond and increase it when the…

How can I identify and inventory all bank and brokerage accounts my parent held before passing?

How can I identify and inventory all bank and brokerage accounts my parent held before passing? – North Carolina Short Answer In North Carolina, the court-appointed personal representative (administrator or executor) is the one with legal authority to identify accounts and require banks and brokers to disclose information. Once appointed and issued Letters, the representative…

How can I contest my sibling’s appointment as estate administrator if I don’t trust them to handle the assets?: North Carolina steps and options

How can I contest my sibling’s appointment as estate administrator if I don’t trust them to handle the assets? – North Carolina Short Answer In North Carolina, you can file a verified petition with the Clerk of Superior Court to contest the issuance of letters of administration before they are issued. The clerk weighs statutory…