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North Carolina Release and Exoneration of Executor on Distribution to Beneficiary of Will and Waiver of Citation of Final Settlement

Category:
Probate - Releases
State:
Multi-State
Control #:
US-03366BG
Format:
Word; 
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Description

Most states have a statute that requires something to the effect that upon the filing of an account for final settlement by the executor of the estate of a decedent, a citation is required to be filed containing a statement that such final account has been filed, the time and place when it will be considered by the court, and a statement requiring interested persons that are cited to appear and contest the same if they see proper.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Release and Exoneration of Executor on Distribution to Beneficiary of Will and Waiver of Citation of Final Settlement

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FAQ

Unless the Will provides otherwise, under North Carolina law, Executors or Administrators may claim a commission of up to 5% of the Estate assets and receipts, as approved by the Clerk of Court. Trusts should provide specific guidance regarding compensation.

The deceased names them the executor in the will and informs them of their role before their death. If the will did not name an executor, you may ask the court to name you as the estate administrator instead. In this case, you act as the executor, but under appointment by the court and not the deceased.

Distribution of the estate to the heirs (how and to whom). If you haven't completed settlement of the estate within 12 months of qualifying as administrator or executor, you must file an annual inventory showing items a, b, and c, above. A simple estate can usually be closed in a year.

Deadline to Start Probate in North Carolina However, the general expectation is that the executor will begin the process within 60 days after the deceased's death. If they wait any longer, other parties can apply to become the estate administrator, which could lead to an extended legal battle.

Seeking Legal Recourse If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit.

North Carolina has no separate state estate tax, inheritance tax nor gift tax. Close the estate. Close the estate bank account after all debts are paid and assets are distributed. Once all claims against the estate have been satisfied, file a final accounting with the probate court and ask that the estate be closed.

?If the executor owns the home, there is no timeline for them to sell it,? Millane says. If you're tasked with selling the home per the terms of the will, you must obtain approval from the probate court to sell the home.

There are multiple ways in which estate executors can be given permission to sell real property. One of the common ways to be given permission is if the decedent had a will that directed the executor to sell the property without court involvement.

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