Probate Q&A Series

Page 284 of 604

Probate Q&A Series ·

What documents do we need to prove trustee or executor authority to banks, brokerages, and retirement plan administrators so they will release information and process transfers? nc

What documents do we need to prove trustee or executor authority to banks, brokerages, and retirement plan administrators so they will release information and process transfers? – North Carolina Short Answer In North Carolina, banks and brokerages usually require (1) a certified death certificate and (2) current court-issued Letters Testamentary or Letters of Administration to…

Read more
Probate Q&A Series ·

How do we handle creditor bills from the decedent’s final expenses while we’re still opening the estate and sorting out which account should pay them? nc

How do we handle creditor bills from the decedent’s final expenses while we’re still opening the estate and sorting out which account should pay them? – North Carolina Short Answer In North Carolina, the safest approach is usually to (1) get a personal representative (executor/administrator) qualified with the Clerk of Superior Court, (2) track every…

Read more
Probate Q&A Series ·

What should I do if I received court-related paperwork about a deceased parent’s property but I don’t know what the case is about? nc

What should I do if I received court-related paperwork about a deceased parent’s property but I don’t know what the case is about? – North Carolina Short Answer In North Carolina, court paperwork about a deceased parent’s land usually means a probate (estate) file with the Clerk of Superior Court, or a land-related “special proceeding”…

Read more
Probate Q&A Series ·

What can we do if the other co-administrator won’t share account statements or won’t communicate directly while we’re trying to complete the inventory? nc

What can we do if the other co-administrator won’t share account statements or won’t communicate directly while we’re trying to complete the inventory? – North Carolina Short Answer In North Carolina, co-administrators are fiduciaries and the estate still must file a complete inventory and later accountings with the Clerk of Superior Court. If one co-administrator…

Read more
Probate Q&A Series ·

What can I do about creditor bills and property-related liability while I’m waiting for the estate to be officially opened? nc

What can I do about creditor bills and property-related liability while I’m waiting for the estate to be officially opened? – North Carolina Short Answer In North Carolina, until the Clerk of Superior Court appoints a personal representative (executor/administrator) and issues Letters, there is usually no one with full legal authority to pay estate debts…

Read more
Probate Q&A Series ·

How can I get legal authority to remove clutter and dispose of vehicles on the property once the estate is opened? nc

How can I get legal authority to remove clutter and dispose of vehicles on the property once the estate is opened? – North Carolina Short Answer In North Carolina, legal authority usually comes from qualifying as the estate’s personal representative (executor or administrator) and receiving Letters Testamentary or Letters of Administration from the Clerk of…

Read more
Probate Q&A Series ·

If we’ve been paying the mortgage and utilities to keep an inherited house from going into default, how do we make sure we’re reimbursed or credited when the property is sold or bought out? nc

If we’ve been paying the mortgage and utilities to keep an inherited house from going into default, how do we make sure we’re reimbursed or credited when the property is sold or bought out? – North Carolina Short Answer In North Carolina, the cleanest way to protect reimbursement is to treat mortgage and utility payments…

Read more
Probate Q&A Series ·

How do we file an estate inventory and notice-to-creditors paperwork if we live out of state and can’t go to the courthouse? nc

How do we file an estate inventory and notice-to-creditors paperwork if we live out of state and can’t go to the courthouse? – North Carolina Short Answer In North Carolina, most estate inventory and notice-to-creditors filings can be handled without an in-person courthouse visit by using mail, a local courier, or (in many counties and…

Read more
Probate Q&A Series ·

If the will says to sell everything and split the proceeds, do we still have to sell sentimental furniture and household items, or can heirs keep items by buying them out? nc

If the will says to sell everything and split the proceeds, do we still have to sell sentimental furniture and household items, or can heirs keep items by buying them out? – North Carolina Short Answer Not always. In North Carolina, an executor (personal representative) generally has authority to sell estate personal property, but a…

Read more
Probate Q&A Series ·

What personal liability risk do I have as the estate’s representative if I sell property or pay bills before all creditor claims are known? nc

What personal liability risk do I have as the estate’s representative if I sell property or pay bills before all creditor claims are known? – North Carolina Short Answer In North Carolina, a personal representative can face personal liability if estate money or sale proceeds are paid out in the wrong order or too early,…

Read more

Questions about your situation?

Attorney Jared Pierce
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
Go to Top
Free Consultation

Talk with a North Carolina attorney

Tell us a bit about your situation and we'll respond within one business day.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.