Legal Question in Wills and Trusts in North Carolina

If your husband was an executor why did he not probate an estate for your son?

Did your son have a will? Was your husband the named executor? Did the will name a contingent (back-up) executor? Were any papers filed seeking probate? If the answer is no, the named executor simply needs to renounce and you apply as executor if you are named in the will as a back-up. If you are not named in the will, then you apply as administrator cta (cum testamento annexo - which is latin for with will annexed). If there is no will and no papers for probate have been fled at all then you or anyone else can apply as an administrator.

If this is for NC, then a simplified procedure allows you to collect assets by affidavit if the total assets are below $10,000. Once an estate is probated or an affidavit issued, you can file a claim for the funeral bills. You can be reimbursed up to the statutory allotment if there is not enough money. Any remaining bills will be paid in order of priority until the money runs out. If there is enough money in the estate then you can be reimbursed in full.