Legal Question in Wills and Trusts in North Carolina

This makes no sense. An executor of an estate needs to probate an estate if there are probate assets. There can be no distribution of assets to a beneficiary until all claims are paid and an executor is appointed, but I have not seen anything and do not know how an executor could get his portion unless this was a non-probate beneficiary designated asset like life insurance or a joint bank account.

It seems no one here knows what they are doing so my advice would be to consult a probate attorney who practices in the county/state where the estate for the deceased would be filed.

Pay the attorney to review the will and if an executor has made an improper distribution then he can be removed and made to refund the monies back to the estate. If the executor has failed to apply for probate and more than 6 months have elapsed since death of the decedent (assuming the estate is in North Carolina) then either the executor can be compelled to produce the will and apply for probate or anyone else can do so.