Legal Question in Wills and Trusts in North Carolina
We just found an unfilled will in my father's estate. The state of NC had no files on file and named my 1st Brother as executor. My 2nd brother is named in the unfilled will as inheriting a majority of the assets.
1) Does North Carolina recognize unfilled will and
2) does my 1st brother still exist as probate executor or is his new role to only fulfill the found will??
Thank you,
David
1 Answer from Attorneys
What is an "unfilled" will? Do you mean a will that has not been filed?
If the will is signed by your father and witnessed by at least 2 people who are not beneficiaries under the will and (hopefully) notarized I would take the will to the clerk of court in the county where your father lived at the time of his death and file the will.
Your brother, if he is named as the executor, is not officially appointed until he files an application for grant of letters testamentary.
If no will was found at the time your father died and probate was started by someone else, that person can resign and your brother can take over as personal representative.
Beyond that, I'm not sure what you are asking.
If you are still unclear, then your brother, since he is the named executor, needs to take the will to a probate attorney in the county where your father lived at the time of his death and consult the attorney.
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