How long does the executor of a will in North Carolina have to file with the court after a person dies?

Asked almost 5 years ago - Charlotte, NC

My mother-in-law passed away 2 years ago and her children have not filed the will with the court. How long do they have?

Attorney answers (1)

  1. Cheryl K. David


    Contributor Level 15

    Answered . It's not too late to file the will, but make sure that filing the will is necessary before proceeding. Are there any assets in your mother-in-law's name or were they held jointly with other people? Did all of her accounts, retirement proceeds and insurance name beneficiaries? Did she have land solely in her name? If all the accounts passed jointly or by beneficiary and if she had real estate solely in her name in North Carolina, and two years have passed then it is likely that there aren't any assets which need to go through probate. However, if she died with assets solely in her name then probate may be necessary.

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