News and Articles

Page 481 of 882

Probate Q&A Series · Jan 20, 2026

If the surviving spouse hasn’t filed for the spousal allowance yet, can estate money still be used for funeral costs, court costs, or other expenses? nc

If the surviving spouse hasn’t filed for the spousal allowance yet, can estate money still be used for funeral costs, court costs, or other expenses? – North Carolina Short Answer Yes. In North Carolina, a personal representative (including co-administrators) can usually use estate funds to pay reasonable funeral expenses and the costs of administering the…

Probate Q&A Series · Jan 20, 2026

How do I join the remote hearing for the estate special proceeding if I didn’t receive the link? nc

How do I join the remote hearing for the estate special proceeding if I didn’t receive the link? – North Carolina Short Answer In North Carolina, most estate “special proceedings” are heard by the Clerk of Superior Court, and remote hearings are typically joined using the connection information provided in the hearing notice or by…

Probate Q&A Series · Jan 20, 2026

Can a spouse who initially wanted no involvement later challenge the estate administration or the settlement distribution? nc

Can a spouse who initially wanted no involvement later challenge the estate administration or the settlement distribution? – North Carolina Short Answer Yes—under North Carolina law, a surviving spouse who is an intestate heir can sometimes challenge what happened in an estate administration or how wrongful-death settlement proceeds were distributed, especially if required notice was…

Probate Q&A Series · Jan 20, 2026

What counts as reimbursable “carrying costs” for an estate property sale versus reimbursable estate administration expenses? nc

What counts as reimbursable “carrying costs” for an estate property sale versus reimbursable estate administration expenses? – North Carolina Short Answer In North Carolina, “carrying costs” are usually the ongoing, property-specific bills needed to preserve an estate-owned home until it can be sold (for example, property taxes, insurance, utilities needed to prevent damage, and basic…

Probate Q&A Series · Jan 20, 2026

What can I do if the estate administrator filed paperwork that I believe contains false information about life insurance? nc

What can I do if the estate administrator filed paperwork that I believe contains false information about life insurance? – North Carolina Short Answer In North Carolina, an heir who believes an estate administrator filed inaccurate information about life insurance can ask the Clerk of Superior Court (the probate court) to require a corrected filing…

Probate Q&A Series · Jan 20, 2026

What happens if multiple family members disagree about how the estate should be handled? nc

Recent Legal Update Updated: March 2026 N.C. Gen. Stat. § 31-32 (Filing of caveat) was amended in 2024 (S.L. 2024-33, s. 11) to add an additional bar to filing a caveat in certain situations. Previously: The article described the general three-year caveat deadline after probate in common form (with limited extensions for certain disabilities). Now:…

Probate Q&A Series · Jan 20, 2026

How can I find out what has been filed in the estate and get copies of the accounting and other paperwork before everything is finalized? nc

How can I find out what has been filed in the estate and get copies of the accounting and other paperwork before everything is finalized? – North Carolina Short Answer In North Carolina, most estate administration paperwork is filed with the Clerk of Superior Court (Estates Division) in the county where the estate is open,…

Guardianship Q&A Series · Jan 19, 2026

What happens if my adult child is living in another state—do I have to file for guardianship where they currently live? nc

What happens if my adult child is living in another state—do I have to file for guardianship where they currently live? – North Carolina Short Answer Often, yes. Under North Carolina’s jurisdiction rules for adult guardianship, the starting point is usually the adult’s “home state,” which is commonly the state where the adult has been…

Probate Q&A Series · Jan 19, 2026

What happens to the estate closing timeline if the notice-to-creditors publication proof wasn’t filed? nc

What happens to the estate closing timeline if the notice-to-creditors publication proof wasn’t filed? – North Carolina Short Answer In North Carolina, a missing proof of publication for the notice to creditors usually delays the clerk’s ability to approve a final account and close the estate file. The creditor “clock” generally runs from the first…

Probate Q&A Series · Jan 19, 2026

What documents can I use to prove we were still legally married even though we were living separately? nc

What documents can I use to prove we were still legally married even though we were living separately? – North Carolina Short Answer In North Carolina, living separately does not end a marriage. The cleanest proof is a certified marriage certificate plus proof that no divorce judgment was entered before death. If a death certificate…

Probate Q&A Series · Jan 19, 2026

How do I handle probate paperwork if I’m living in a different state than where the estate is being handled? nc

How do I handle probate paperwork if I’m living in a different state than where the estate is being handled? – North Carolina Short Answer In North Carolina, most probate paperwork is filed with (and many documents are issued by) the Clerk of Superior Court in the county where the estate is opened. Living in…

Probate Q&A Series · Jan 19, 2026

Do I have to sign any documents to sell a house that I co-own with heirs from an estate? nc

Do I have to sign any documents to sell a house that I co-own with heirs from an estate? – North Carolina Short Answer Usually, yes. In North Carolina, a buyer and closing attorney typically need signatures from everyone who currently holds title (all co-owners), and sometimes the estate’s personal representative may also need to…

Probate Q&A Series · Jan 19, 2026

Can the estate negotiate a settlement with a creditor, and what happens if a settlement offer expires? nc

Can the estate negotiate a settlement with a creditor, and what happens if a settlement offer expires? – North Carolina Short Answer Yes. In North Carolina, a personal representative can often negotiate and document a settlement of a valid estate debt, as long as the payment comes from estate assets and the deal fits within…

Probate Q&A Series · Jan 19, 2026

Can a court freeze bank accounts or stop transfers right away while a will contest is pending? nc

Can a court freeze bank accounts or stop transfers right away while a will contest is pending? – North Carolina Short Answer Yes—under North Carolina law, a court can act quickly to help preserve assets while a will contest (a “caveat”) is pending, but the tool depends on what money is at risk and who…

Probate Q&A Series · Jan 19, 2026

Who is responsible for ongoing costs like property taxes, insurance, utilities, and maintenance when someone has the right to live in the house? nc

Who is responsible for ongoing costs like property taxes, insurance, utilities, and maintenance when someone has the right to live in the house? – North Carolina Short Answer In North Carolina, when a will gives someone the right to live in a house for life (often treated like a life estate), that person is generally…

Real Estate Q&A Series · Jan 19, 2026

If I stop using the building for my own business and rent it out later, how could that affect my loan terms or interest rate? nc

If I stop using the building for my own business and rent it out later, how could that affect my loan terms or interest rate? – North Carolina Short Answer In North Carolina, switching a bank-financed commercial building from owner-occupied use to a rental can matter if the loan documents require owner occupancy or treat…

Probate Q&A Series · Jan 19, 2026

How do we respond to a creditor who is threatening foreclosure while the estate is being handled? nc

How do we respond to a creditor who is threatening foreclosure while the estate is being handled? – North Carolina Short Answer In North Carolina, a creditor with a deed of trust can often keep moving toward foreclosure even while an estate is being administered, so the response usually focuses on (1) confirming who has…

Probate Q&A Series · Jan 19, 2026

Do I have to list bank accounts and other non-probate assets on the probate inventory, and where do they go on the inventory form? nc

Do I have to list bank accounts and other non-probate assets on the probate inventory, and where do they go on the inventory form? – North Carolina Short Answer In North Carolina, the probate inventory is broader than “probate-only” property. Many assets that pass outside probate (like joint-with-survivorship accounts and POD/TOD accounts) are still typically…

Probate Q&A Series · Jan 19, 2026

How can I find out what is happening with my parent’s estate if no one is giving me updates? nc

How can I find out what is happening with my parent’s estate if no one is giving me updates? – North Carolina Short Answer In North Carolina, most probate estate administration happens through the Clerk of Superior Court, and the estate file is often the fastest way to confirm what has (and has not) been…

Family Law Q&A Series · Jan 19, 2026

What happens to the proceeds from the house sale if the divorce is still pending? nc

What happens to the proceeds from the house sale if the divorce is still pending? – North Carolina Short Answer In North Carolina, selling the marital home before the divorce is final usually does not mean either spouse automatically gets to keep the money. In most cases, the net proceeds are treated as part of…

Partition Action Q&A Series · Jan 19, 2026

Can the court order mediation in a partition case, and what does court-ordered mediation usually cost? nc

Can the court order mediation in a partition case, and what does court-ordered mediation usually cost? – North Carolina Short Answer Yes. In North Carolina, when a partition sale is requested, the court can order the co-owners to attend mediation before deciding whether to order a sale. The mediator’s fee is typically paid by the…

Probate Q&A Series · Jan 19, 2026

If one heir dies before the parent’s estate is probated, who inherits that heir’s share of the house? nc

If one heir dies before the parent’s estate is probated, who inherits that heir’s share of the house? – North Carolina Short Answer In North Carolina, if a parent dies without a will and a child survives the parent, that child’s inheritance right generally becomes part of the child’s own estate—even if the parent’s estate…

Guardianship Q&A Series · Jan 19, 2026

Do I need a new mental health evaluation or recent medical records to prove my adult child needs a guardian? nc

Do I need a new mental health evaluation or recent medical records to prove my adult child needs a guardian? – North Carolina Short Answer Not always. In North Carolina, the clerk of superior court can decide an adult incompetency/guardianship case based on the evidence presented, and the clerk can also order a current multidisciplinary…

Probate Q&A Series · Jan 19, 2026

Can I be required to move out of a relative’s home during probate, and how much notice would I get? nc

Can I be required to move out of a relative’s home during probate, and how much notice would I get? – North Carolina Short Answer Yes. In North Carolina, a person living in a deceased relative’s home can be required to move out during probate, but the process and notice depend on whether the person…

Attorney Jared Pierce

Free case evaluation

Articles are a starting point, not legal advice. Talk through the specifics of your case with a North Carolina attorney — the case evaluation is always free.

Call (919) 341-7055 Request a Consultation

Page 481 of 882

Questions about your situation?