Legal Question in Wills and Trusts in North Carolina

Does not matter what his will says with regard to NON-probate assets. Things that pass outside of probate are joint bank accounts, jointly owned land with right of survivorship or a beneficiary-designated asset like life insurance or an IRA.

Your friend did a lousy job of estate planning. If he stuck someone else's name on the IRA and never updated things after he made a new will, too bad for him. And you. It does not matter that the other named beneficiary had no contact. They get the IRA, not you, absent some kind of fraud.

An estate must be probated for your friend as he had a vehicle. Don't know if your friend lived in NC or not, but my answer will be premised on NC law. You should consult a probate attorney who practices in the county/state where your friend lived at prior to his death.

Since the friend had a will, who is the named executor in the will? If its not you then it s not really your problem to do anything. If it is you, the will has to be filed at the court. Whether an estate will be administered is a separate question. Who else, if anyone was on the bank accounts? If no one then an estate may need probated. Depending on the sum of money involved, there is a small estates form which can be used for small estates (under $10,000).

Basically, the executor's job is to figure out what your friend owned and owed, pay off any just debts and then distribute what is left to the beneficiaries named in the will. You do not indicate what your friend owned besides a car and what he owed. Just debts have to be paid before the beneficiaries get anything. The car may need sold but it would depend on what other assets are in the estate and what is owed.

Assuming that there are very few debts and that the bank account was only in the decedent's name, the executor can title the car to you and give you any excess funds if you are entitled to the same. With regard to the IRA, the executor can provide proof of death to the IRA administrator and either pass on any claim forms to the named beneficiary or let the IRA administrator contact the named beneficiary.