November 6, 2009
North Carolina Probate Administration
So what is probate anyway?
In a nutshell, probate is a legal process that takes place after someone dies. Here are some common issues that I have seen come up in probate administration:
-proving in court that a deceased person’s will is valid
-identifying and inventorying the deceased person’s property
-paying debts and taxes, and
-distributing the remaining property as the will or intestacy laws direct.
In general, probate administration involves filing paperwork and court appearances by lawyers. Lawyers and court fees may be paid from estate property.
So how does the North Carolina probate process work?
In North Carolina, probate usually proceeds as follows: Upon the death of a family member, the executor of the will, or, if the person dies without a will, the executor appointed by the court, files the requisite papers in the local probate court. The executor provides evidence of the validity of the will and outlines the nature and extent of the property, debts, and how the estate is to be distributed.
Part of the executor’s job is to find and manage the decedent’s assets during the probate process. Based on what the will says and the extent of any outstanding debts, the executor may have to make decisions about selling real estate or other property.
In some instances, immediate family members may ask the court to release support funds while the probate proceedings are under way. The court will grant the executor authority to pay debts and taxes and divide the rest among the people named in the will. Finally, the property will be transferred.
Avoiding Probate
Once someone in your family has died, you as the surviving family member (in an administration) or named executor (in a probate) have the obligation to see that the estate is handled in the appropriate legal manner. There really is no way to avoid a probate or administration.
Probate and administration procedures are set out in NC Statutes. There are always costs associated, time constraints to follow and statutory guidelines that need to be followed.
It can be difficult to navigate all of this with out the guidance of an attorney. Your best bet is to talk with a North Carolina probated and administration attorney. Find out what your options are, and if hiring a North Carolina probate lawyer makes sense for you.
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