How do I confirm whether probate letters have actually been issued when the online docket shows a qualification date? – North Carolina Short Answer In North Carolina, “qualification” and an order authorizing issuance of letters usually mean the Clerk of Superior Court has approved the appointment, but the safest confirmation is to obtain a certified…
Can my siblings legally assign their shares of the estate to me, and what specific documents do we need so I can refinance? – North Carolina Short Answer Yes. In North Carolina, siblings who inherit an interest in an estate can usually transfer that inherited interest to another sibling, but the lender and title company…
What happens at a court hearing on a year’s allowance, and what testimony or documents should we prepare? – North Carolina Short Answer In North Carolina, a year’s allowance hearing is usually a Clerk of Superior Court hearing focused on whether the surviving spouse qualifies for the allowance and what estate personal property should be…
When should the creditor notice be published, how long is the standard notice period, and when is it safe to start paying claims or making distributions? – North Carolina Short Answer In North Carolina, the personal representative generally publishes the notice to creditors after the Clerk of Superior Court issues the probate letters (Letters Testamentary…
What taxes have to be figured out and paid before the estate can distribute the remaining funds? – North Carolina Short Answer In North Carolina, an estate generally should not make final distributions until it has addressed (1) the decedent’s final income taxes, (2) the estate’s own income taxes during administration, and (3) any property…
How do we open probate when someone dies without a will and the surviving spouse needs access to a bank account that’s only in the deceased person’s name? – North Carolina Short Answer In North Carolina, when someone dies without a will (intestate) and a bank account is titled only in the deceased person’s name,…
What happens if an estate administration case has already gone back to court more than once? – North Carolina Short Answer In North Carolina, an estate administration file can return to the Clerk of Superior Court more than once without meaning anything “went wrong.” Most repeat court dates happen because the clerk needs missing paperwork…
Is it better to send all beneficiary paperwork and checks at the same time, or to process each beneficiary separately as their documents arrive? – North Carolina Short Answer In North Carolina estate administration, it is usually safer to process each beneficiary separately as signed documents arrive, rather than waiting for everyone and mailing all…
What documents and account details should I gather now to make the estate inventory complete, and what is the standard inventory deadline after probate opens? – North Carolina Short Answer In North Carolina, the personal representative (executor/administrator) should gather documents that prove what the decedent owned, how it was titled, and the date-of-death value. Practically,…
What happens if the original dealership or finance company is out of business and I don’t know who currently holds the lien? – North Carolina Short Answer In North Carolina, a lien on a vehicle title does not disappear just because the original dealership or finance company closed. The lien may have been sold or…
