Legal Question in Wills and Trusts in North Carolina

Why are you just getting around to this now?

Whether you need probate or not will depend on the assets and debts. Did your mother reside in NC at the time of her death or elsewhere? It matter as the intestacy law of the state where your resided and where the home is located will govern.

By policy, I am assuming that you are referring to a life insurance policy. That is a non-probate asset. The proceeds are paid to the beneficiary and do not have to be used for any debts of your moher's estate.

Regarding your mother's house, it depends. I assume the house was solely in your mother's name. The rule anywhere is that the heirs don't get to keep the property and not pay the bills. Assuming that your mother had no debts or that they have already been paid, then probate may not be necessary. In such case, the heirs can go to a real estate attorney and the attorney can prepare a new deed conveying the property from your mother to the heirs. I don't know how many other children your mother had, but they would also be enitled to a share in her home if there are any heirs.

Whether you need a new deed depends. What are you planning to do with the house? If you are going to sell it, then I would not spend the money for a new deed. If the house is mortgaged, you and the other heirs would have inherited the home subject to the mortgage. You would have to talk to the lender about adding your names to the deed. The lender is not going to let you put the property in just your names without amending the mortgage and might require that you obtain a new mortgage.

Your first step may be to talk to the clerk of the probate court in the county where your mother resided at the time of her death and see if the clerk feels that probate is necessary after this much time. If the property is mortgaged and if you are the only heir, call the mortgage company and see whether you even need a new deed or whether you can just be added to the mortgage.

If you are going to be getting a new mortgage or refinancing an existing mortgage and the lenders wants the property to be in your name, then you can see a real estate attorney. If the clerk of court believes that probate is necessary, then this can be handled with probate and you can do an executor's deed from yourself to the heirs if required (if you are the personal representative).