Legal Question in Wills and Trusts in North Carolina

I don't know what you mean by "having the will published." WIlls are not published. A notice to creditors is published.

Assuming that your father had a will, when did he die? Was a will ever filed? Probate is not necessary in all cases and it depends on what your father owned. Did he have probate assets? Or did he have a very small estate? There is a simplified process in NC and other states for very small estates and that would not involve publication. Did your father have an debts or potential debts that would have required publication?

You ask if things can be sold. What exactly are we talking about here? A car? Land? Personal property? Things without a title are easy to sell. Things with a title are more complicated. Regarding a vehiccle, it would have to be owned free and clear. Was there a surviving spouse? It could be that any car was assigned to the surviving spouse as part of the spousal allowance. Spousal allowances are free of any creditor's claims. If this was the case, then the spouse could sell the car.

If we are talking about land, how was it titled? Land owned between a husband and wife automatically passes to the survivor upon the death of one of the parties. If land was only owned by your father, then the beneficiaries could not sell land within 2 years of death unles a personal representative was appointed and made a part of the sale.

You do not indicate where your father lived at the time of his death, whether he had a wife, when he died, what he owned and owed, or whether there were any siblings besides yourself. If he died within the last 30 days, it would be too soon to probate an estate but beneficiaries should be sellnig his possessions either. It has been more than 60 days and there was no will filed and no probate then you or any other interested person could either compel the production of the will (if you know that a will exists and you know who has it) or, if there is no will, then you or anyone else could apply for probate.

The job of the personal representative is to figure out what is owned and owed by the decedent. Once any just debts are paid, the remaining property can be distributed to the beneficiaries if there is a will or to the heirs under the intestacy law if there is no will.

If there is a surviving spouse with whom you do not get along or a sibling who has taken charge of everything and is disposing of assets improperly, then you need to get to a probate litigation attorney immediately to stop this.