Explore our informative articles, insights, and updates focused on North Carolina Estate Administration, Estate Planning, Partition Actions, and Surplus Fund cases. Our goal is to make these complex topics accessible, offering you guidance and understanding at each step of the legal process. Whether you’re looking to navigate probate administration, protect your assets through careful planning, understand partition actions, or resolve issues with surplus funds, our articles are designed to empower you with practical advice, legal insights, and actionable steps. Stay informed and feel confident as you make decisions about your estate and legal matters.
How do I handle utilities, car insurance, and vehicle retitling before and after I receive letters testamentary? – North Carolina Short Answer Under North Carolina law, utilities and insurance stay in the decedent’s name until someone has legal authority to act, usually through letters testamentary. After the clerk issues letters, the executor can keep or…
What documents do I need to be appointed to handle the estate if the death occurred long ago and I only have access to a death certificate? – North Carolina Short Answer Under North Carolina law, even when a person died many years ago and there was no will, the Clerk of Superior Court can…
Can I contest a will if the signer didn’t understand it, and what proof would I need? – North Carolina Short Answer Under North Carolina law, a will can be contested if the person who signed it did not have “testamentary capacity” — meaning they did not understand what they were signing, their property, or…
How do I properly document funeral costs so they are reimbursable from the estate and clear to heirs and creditors? – North Carolina Short Answer In North Carolina, funeral and burial costs can be reimbursed from the estate if they are reasonable, within statutory limits, and well documented. The personal representative should keep the original…
How can I obtain a paid-in-full funeral receipt to include in the estate accounting? – North Carolina Short Answer In North Carolina probate, the personal representative should obtain a written, itemized statement from the funeral home that clearly shows the total charges and that the balance is paid in full. That statement, along with proof…
What should I do if the dealership provided only copies and I can’t locate the original title? – North Carolina Short Answer Under North Carolina law, a missing original motor vehicle title can usually be handled by requesting a duplicate title through the Division of Motor Vehicles (DMV). In a probate setting after a death,…
What should I do about post‑death benefit overpayments that hit the account—leave the funds for reversal or withdraw them and repay if asked? – North Carolina Short Answer Under North Carolina law, benefit payments that arrive after death generally still belong to the payer, not to the heir or executor, if they cover a period…
How do I open probate for a relative who died without a will so I can transfer or sell the house in their name? – North Carolina Short Answer In North Carolina, when someone dies without a will and owns a house in their sole name, the heirs generally inherit the property immediately, but a…
Can we list or sell the home before probate is finished, or do we need court authority first? – North Carolina Short Answer In North Carolina, real estate normally does not pass through probate the same way bank accounts do, but a sale still must respect the probate process and the personal representative’s powers. In…
Is there any way to recover property lost to a tax foreclosure years ago, or claim any surplus proceeds from that sale? – North Carolina Short Answer Under North Carolina law, once a tax foreclosure sale is properly completed and the deed is delivered to the buyer, there is usually no way to get the…
Are copies of the marriage and death certificates enough for the motor vehicle office and the court, or do they need originals? – North Carolina Short Answer Under North Carolina law, courts and the Division of Motor Vehicles generally require certified copies of vital records, not plain photocopies. For estate matters, the clerk of superior…
What happens in probate when a will names one beneficiary but no backup and that person isn’t alive? – North Carolina Short Answer Under North Carolina law, if a will names a single beneficiary who dies before the person who made the will, the gift may either pass to that beneficiary’s descendants, to any residuary…
What records should I request—deed, will, probate file, tax notices—to check for errors affecting ownership? – North Carolina Short Answer In North Carolina, checking for errors that affect ownership usually means pulling the full chain of title from the register of deeds, any probated will and estate file from the clerk of superior court, and…
Do I need an original death certificate to transfer a car after a relative passes away, or will a copy work? – North Carolina Short Answer Under North Carolina law, the Division of Motor Vehicles (DMV) almost always requires a certified (original) death certificate to transfer a motor vehicle after the owner dies; a plain…
Can the estate pay or reimburse funeral expenses before letters are issued by the court? – North Carolina Short Answer Under North Carolina law, the estate is primarily liable for reasonable funeral expenses even if no personal representative has been appointed yet. A person authorized to handle final arrangements may contract for and pay the…
What happens if the funeral home will not provide an itemized bill or receipt? – North Carolina Short Answer Under North Carolina probate law, the personal representative has a duty to keep clear records and justify funeral expenses as claims against the estate. If a funeral home refuses to provide an itemized bill or receipt,…
Can I pick up or authorize someone to pick up a check that’s addressed to me but delivered to a different address? – North Carolina Short Answer Under North Carolina law, a check payable to a beneficiary or heir generally must be delivered to that payee (or the payee’s authorized fiduciary) and not to someone…
How can a surviving spouse transfer a vehicle if the key and title are missing? – North Carolina Short Answer Under North Carolina law, a surviving spouse can usually transfer a deceased owner’s vehicle through the Division of Motor Vehicles (DMV) even if the original key and paper title are missing. The main options are:…
Who keeps original documents during the process, and can I get them back after they are reviewed or filed? – North Carolina Short Answer In a North Carolina probate case, the Clerk of Superior Court keeps original documents that the law requires to be filed in the court file, such as an original will or…
What steps should I take to update the mailing address for all estate payments and notices? – North Carolina Short Answer Under North Carolina probate law, the personal representative and their attorney should promptly give written notice of any new mailing address to the clerk of superior court and to anyone who sends payments or…