News and Articles

How are proceeds from a deceased parent’s pending personal-injury claim paid out when there’s a small-estate affidavit instead of full probate? – North Carolina Short Answer In North Carolina, a pending personal-injury claim usually cannot be paid directly to an heir just because a small-estate affidavit is being used for other assets. Most insurers and…

Can anyone object to the year’s allowance, and what happens if they do? – North Carolina Short Answer Yes. In North Carolina, a year’s allowance can be challenged by any person with legal standing (including the personal representative) through an estate proceeding filed with the Clerk of Superior Court. A challenge can dispute whether the…

How do I handle my partner’s other debts like the car loan and student loans during the estate process? – North Carolina Short Answer In North Carolina, most debts that were only in the decedent’s name are handled through the estate, not by the surviving partner personally. Secured debts (like a car loan or a…

Can I be removed as executor for not filing the inventory, and how does that process work? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court can remove a court-appointed executor (personal representative) for failing to do required probate tasks, including filing the estate inventory after being ordered to do…

How does trust administration work when a company is named as trustee and the beneficiaries haven’t been contacted yet? – North Carolina Short Answer In North Carolina, a corporate trustee generally takes control of trust assets after the settlor’s death, pays appropriate expenses, and then makes distributions under the trust’s terms. Even if beneficiaries have…

What documents do we need to clear title on inherited property before a sale? – North Carolina Short Answer In North Carolina, the documents needed to “clear title” on inherited real estate usually depend on whether there was a will and whether an estate must be opened so someone has legal authority to sign the…

What do we need to do to clear the house deed when it’s still in both spouses’ names years after the death? – North Carolina Short Answer In North Carolina, the first step is to confirm how the home was titled. If the deed shows the spouses owned the home as “tenants by the entirety”…

If the bank account and life insurance have beneficiaries and pass outside the estate, how are the deceased person’s credit card debts supposed to be paid? – North Carolina Short Answer In North Carolina, credit card debt is normally paid from the probate estate (assets titled in the deceased person’s name alone), not automatically from…

Can I ask the court to require the executor to start the probate process or provide an update on the estate? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court has primary authority over probate and estate administration and can issue orders requiring action in an estate matter. If an…

How do I request a spouse and child year’s allowance, and what happens if the clerk denies it? – North Carolina Short Answer In North Carolina, a spouse’s allowance and a child’s allowance are requested by filing a verified petition with the Clerk of Superior Court in the county where the estate venue is proper.…

Can the executor be removed or penalized for a late inventory if the estate has no assets? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court can remove a personal representative (executor/administrator) or hold the personal representative in civil contempt for failing to file the required inventory on time—even if…

Do I need to open a probate case to learn what I’m entitled to inherit? – North Carolina Short Answer Often, yes—opening an estate with the Clerk of Superior Court is the most reliable way in North Carolina to confirm whether there is a will, who the beneficiaries or heirs are, and what assets are…

If the home or a bank account was jointly titled with a surviving relative, can it still be brought into the estate to pay debts and expenses? – North Carolina Short Answer Sometimes. In North Carolina, many jointly titled assets pass automatically to the surviving co-owner and are not controlled by the estate. But certain…

What can we do if we suspect someone is hiding the most recent will? – North Carolina Short Answer In North Carolina, a common first step is to ask the Clerk of Superior Court to issue a summons that compels the person believed to have the will to produce it (or to explain under oath…

What can we do if items were taken from the home after the death, and there may be a police report? – North Carolina Short Answer In North Carolina, when property disappears from a deceased person’s home after death, the usual next step is for the estate’s personal representative (executor/administrator) to identify what is missing,…