Full question:
My father died a couple of years ago. I don't know if a will ever existed or not. I never got a straight answer. I was told that he had plenty of money in the bank, and that there would be some left over after expenses. I never heard anything else. Is there any way I can find out how the funds were disbursed? Also, what is the statute of limitations on an estate settlement in NC? Thank you!
- Category: Wills and Estates
- Date:
- State: North Carolina
Answer:
In North Carolina, any executor named in a will can apply to the clerk of the superior court to have the will probated after the testator's death. A will must be probated within two years of the testator's death to be valid for transferring property (N.C. Gen. Stat. § 31-12). If no executor applies within sixty days of the death, any beneficiary or interested person can apply to probate the will (N.C. Gen. Stat. § 31-13).
If you suspect the will was probated without your knowledge, you can check with the probate court in the county where your father lived to see if a file exists. Additionally, if no one presents the will, the clerk can compel its production (N.C. Gen. Stat. § 31-15).
To determine how the funds were disbursed, you may need to request information from the estate administrator or the probate court.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.