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Executor or Administrator questions North Carolina

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  • Executor or Administrator questions North Carolina

    My Mother recently passed away. She lived in North Carolina. My youngest sister was living with her while us other 3 siblings lived in New Jersey. She named all 4 of us in her will to split everything between us.

    Can anyone of us be the executor or administrator of her estate of does it have to be the one that lives in North Carolina?

    If it can be one of the children from New Jersey will that person be required to go back and forth to North Carolina a lot or can a lot of it be done from New Jersey?

    Any help that you can give would be greatly appreciated.
    Thanks in advance

  • #2
    You may need to consult a local attorney.

    Generally, an executor is named by the deceased in his/her will. An administrator is appointed by the court if there is no will naming an executor. In my state (Virginia), an executor can live anywhere but an administrator must be a state resident. The assumption is that you can choose whoever you want to manage your estate when you're gone, but if the state has to step in and name someone the state can require that it be someone against whom they can take action should anything go wrong, i.e., a state resident. If the executor named in the will does not want to serve, it should be possible to name an alternate executor.

    Whether the individual would need to be present frequently in North Carolina to transact business is going to depend on what needs to be done. When my father died, I only needed one weekday where he lived to visit two banks to close accounts and list his condo for sale. I packed up what I wanted to take with me, and left everything else for an estate sale that the real estate agent arranged for me. When the condo sold, the real estate agent handled the closing for me using a power of attorney.
    I am not able to respond to private messages. Thanks!

    Comment


    • #3
      Executor or Administor

      Do we need to have one of each? Thank you for your reply. I appreciate your help. If there is anything else that I should be aware of, I would appreciate it. The sudden loss of my mother is already hard enough and now all of this just makes it harder.

      Comment


      • #4
        No, you have one or the other.

        The clerk of the probate court may have information that will help you. You might start there.
        I am not able to respond to private messages. Thanks!

        Comment


        • #5
          Originally posted by bebita View Post
          She named all 4 of us in her will to split everything between us.
          Since she had a will, there should have been an executor named in the will. (It's
          possible though they could be deceased or do not want the duties - then the court
          will appoint someone to administer the estate if there wasn't an alternate executor named by the deceased.)
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Executor or Administor

            The will that we found was hand written and signed by my mother. It did not name any one as an executor or administrator. It just stated what she wanted done with her body as far as a funeral and how any money or possessions were to be divided.

            Now how should we handle it. She did not have a lot. She lived in an apartment, had a pension, 2 small life insurance policies, a checking account and money market account

            Thank you in advance,

            Comment


            • #7
              http://ncwillsandtrusts.com/2009/03/...obate-process/
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment


              • #8
                Originally posted by bebita View Post
                The will that we found was hand written and signed by my mother.
                A hand written will is recognized in NC.

                http://law.onecle.com/north-carolina...ls/31-3.4.html
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  Thank you. Will we still need an attorney or can we pick one of us to be the executor or administrator?

                  Comment


                  • #10
                    It can be one of you but the court will have to approve/appoint the person as
                    "executor"/administrator.

                    You probably don't need a lawyer unless you believe you need the help/assistance
                    of one.

                    The court clerk should be able to help you to some extent. (but there's a limit to
                    what they can help with)
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment


                    • #11
                      Thank you all for your help.
                      If there is anything else that you can think of, please let me know.

                      Comment


                      • #12
                        You're welcome. If not already done, the will needs to be submitted for probate
                        in the Superior Court in the county where your Mother lived/died. Anyone of you can
                        do this. The clerk should be able to help with the forms necessary to make
                        a request to administer the estate (to be administrator/"executor"). The court will then have to approve/appoint this person.

                        The clerk can answer general procedure questions but they can't give you any
                        legal advice like a lawyer can.

                        You might want to reread the links provided above.
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                        Comment

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