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Probate Q&A Series ·

Can the personal representative proceed with distributing proceeds before the lawsuit is resolved?: North Carolina guidance

Can the personal representative proceed with distributing proceeds before the lawsuit is resolved? – North Carolina Short Answer Yes, but only with safeguards and court approval. In North Carolina, a personal representative should not make distributions that could leave the estate unable to pay a pending claim. The clerk of superior court can authorize distributions…

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Probate Q&A Series ·

How can I petition the court to authorize the disinterment and transfer of my grandparent’s remains?

How can I petition the court to authorize the disinterment and transfer of my grandparent’s remains? – North Carolina Short Answer In North Carolina, you typically file an estate proceeding with the Clerk of Superior Court in the county where the grave is located, asking for an order authorizing disinterment and reinterment. Include signed consents…

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Probate Q&A Series ·

What steps can I take if the year’s allowance petition has taken the first share of personal property and other assets aren’t disclosed?

What steps can I take if the year’s allowance petition has taken the first share of personal property and other assets aren’t disclosed? – North Carolina Short Answer In North Carolina, a spouse’s year’s allowance is paid from the decedent’s personal property, takes priority over most claims, and in a will-based estate is charged against…

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Probate Q&A Series ·

How do I make sure all of my grandmother’s estate assets are identified and distributed correctly?: North Carolina probate

How do I make sure all of my grandmother’s estate assets are identified and distributed correctly? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court oversees probate and can require the person holding the will to file it, and the personal representative to inventory assets and account for distributions. Beneficiaries may…

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Probate Q&A Series ·

How can I transfer a vehicle titled in decedent’s name to a surviving parent without opening probate under the year’s allowance provision?

How can I transfer a vehicle titled in decedent’s name to a surviving parent without opening probate under the year’s allowance provision? – North Carolina Short Answer In North Carolina, the year’s allowance only covers a surviving spouse and certain children, not a parent. To transfer a decedent’s vehicle to a surviving parent without opening…

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Probate Q&A Series ·

Can I serve as administrator or transfer assets if named executors refuse to handle an insolvent estate?: North Carolina Probate

Can I serve as administrator or transfer assets if named executors refuse to handle an insolvent estate? – North Carolina Short Answer Yes. In North Carolina, if the will’s named executors will not serve, the Clerk of Superior Court can appoint an administrator with the will annexed (administrator c.t.a.) after the will is probated and…

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Probate Q&A Series ·

What documents and affidavits are needed to satisfy the DMV’s summary administration requirements?: North Carolina

What documents and affidavits are needed to satisfy the DMV’s summary administration requirements? – North Carolina Short Answer In North Carolina, the DMV will retitle a deceased owner’s vehicle when you present a certified, court-sealed Order of Summary Administration issued by the Clerk of Superior Court. To get that order, the surviving spouse files a…

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Probate Q&A Series ·

What happens if bank accounts or vehicles weren’t retitled into the trust before they died?: North Carolina probate guide

What happens if bank accounts or vehicles weren’t retitled into the trust before they died? – North Carolina Short Answer In North Carolina, any bank accounts, vehicles, or other assets not titled to the trust at death generally remain in the decedent’s name and must be handled through probate unless they have a valid beneficiary…

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Partition Action Q&A Series ·

How can I confirm whether the second parcel not described in the deed actually belongs to our estate?: answered under North Carolina law

How can I confirm whether the second parcel not described in the deed actually belongs to our estate? – North Carolina Short Answer In North Carolina, you confirm ownership by proving a clear chain of title and, if needed, asking the court to decide title before the land can be partitioned. Start with a certified…

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Partition Action Q&A Series ·

Do I need to appoint a guardian ad litem for a minor heir when filing a partition petition?: North Carolina guidance

Do I need to appoint a guardian ad litem for a minor heir when filing a partition petition? – North Carolina Short Answer Yes. In a North Carolina partition special proceeding, a minor co-owner cannot appear on their own. The Clerk of Superior Court will require that the minor be represented—either by an existing court‑appointed…

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Attorney Jared Pierce
Attorney Jared Pierce
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