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Clerk of Superior Court
Ex-officio Judge Of Probate
Estates Division
Estate
Administration
Handling a person's estate is a substantial responsibility and should
not be taken lightly. Incorrect estate administration could result in a
lawsuit being filed by the family members or the administrator being held
in contempt of court and placed in jail.
Estate administration is often a complex process, requiring the
completion of many procedures within a required time frame; this
complexity is frequently compounded by the personal loss from a
decedent's passing. Despite such difficulties the administrator has a
fiduciary duty to administer the estate competently, accurately, and
fairly.
After a person dies, upon application by a family member, a Personal
Representative will be appointed to be in charge of administration of the
estate. The Personal Representative must take an Oath of office and may
have to post a bond to protect the estate assets from fraud or improper
administration. Additionally, the Personal Representative must file
yearly accountings, showing all property received and all property
distributed. These accountings are carefully audited by the Estates
Division, and receipts, canceled checks, statements, and payment vouchers
must be exhibited for audit.
Clerk’s office staff will assist
you in answering procedural questions related to the estate
administration process, the Clerk's Office is expressly forbidden by law
to offer legal advice. It is strongly recommended that you seek competent
legal counsel to assist you.
Information Required to
Open an Estate
This checklist should assist you in obtaining
the information necessary to determine if estate administration is
required and the method of administration most appropriate for your
specific needs.
All items listed below may not pertain to
every estate and the list may be customized by our office to your
situation.
Please review your checklist and provide our
office with all requested documents in original statements or letterhead
form. As we work through this
estate additional documentation may be required. Every effort should be
made to collect all the documents requested.
Providing this office with full disclosure of
all the assets of the decedent will not only save you time and confusion
but may also save money.
Last Will
and Testament- Original Will of the decedent is required by
law to be presented to this office. (This document will be retained as
a permanent record by the State of North
Carolina.)
Death
Certificate - A copy of the Death Certificate is required.
(May be obtained from the Register of Deeds in the county where the
decedent died or from the funeral home.)
Real Estate
- Documentation of all real estate (land and houses) owned by the
decedent individually or with others. Include the value of the property
and the property address. (A print out from the county tax department
in the county where the property is located or a certified appraisal of
the value of the real estate will be accepted. You may consider consulting
an attorney concerning possible advantages of using appraised values.)
Personal
Property with Titles - Documentation of all
motor vehicles, boats, trailers and campers owned by the decedent
individually or with others.
Include the value, model and vehicle identification number. Attach
the title or registration card of each. (A print out from the county
tax department in the county where the property is located or a certified
appraisal of the value of the property will be accepted.)
Loans - Original statement from
lending institutions for any personal property with titles identified
above. The statement should
describe the property; indicate the payoff on the “date of death” and the
model and vehicle identification number.
Funeral
Home Bill -Original funeral home statement
indicating the total amount of the bill, any amounts that have been
previously paid and who made the payment. If payee was insurance,
indicate the named beneficiary.
Life
Insurance- Estimate of life insurance and verification
of the beneficiary designation. (A copy of the policy or a statement
from the insurance company will be accepted.)
Bank
Accounts -Original statements from banks or savings
institutions indicating the value on the “date of death” and a
copy of all signature cards verifying ownership of the accounts by the
decedent individually or with others. (Include all individual, joint
or joint tenancy with right of survivorship accounts.)
Stocks and Bonds - Original
statements indicating the values on the “date of death” on all stocks and
bonds and verification of ownership by the decedent individually
or with others. (Include all individual, joint, or joint tenancy with
right of survivorship accounts.)
Capital
Credits -Original statements from any utility
membership corporation indicating the account number and amount of
capital credit refund on the “date of death”. (Lumbee
River, South
River and Star Telephone are membership corporations.
CP&L, Sprint and AT&T are not.)
Retirement
Plan or IRA Accounts -Original statements indicating the
value on the “date of death” of any retirement plan and/or IRA account
and verification of the beneficiary designation.
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