Tag Archives: North Carolina Probate

How Does Bankruptcy Affect Estate Planning

By Sabrina Winters

There were recent reports that Wall-Street economist have declared the recession officially over. I am not certain through whose eyes they determined this. I look around and still see far too many families struggling to recover to consider it over.   And while I acknowledge things may be improving on some level, I still find it [...]

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How Long Does Probate Take in North Carolina?

By Sabrina Winters

It is hard to determine the length of time it will take to finalize a Probate or Administration in North Carolina.  There are many determining factors.  Just to name a few: 1. Where are the assets located?  All with one institution or several? 2.  How much time does the appointed Executor or Administrator have to [...]

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What is Probate?

By Sabrina Winters

Probate is a legal procedure required by North Carolina Statutes to distribute the assets of a person who has died with a Last Will and Testament.  If the person did not have  a Last Will and Testament, then the procedure is called an Administration. It is filed in the county where the person resided at [...]

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What Happens if a Home Does Not Get Placed Into a Revocable Living Trust?

By Sabrina Winters

One of the reasons why people choose to create a Revocable Living Trust versus a Last Will and Testament is because (if done properly) a Revocable Living Trust will avoid probate.  The way a Revocable Living Trust avoids probate is by transferring certain assets into the Trust and retitling the owner as the name of [...]

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10 Things to Think About Regarding an Executor

By Sabrina Winters

There are many considerations to be made when either appointing an Executor in a Will or obtaining an appointment as an Executor. There are many valid reasons why a named Executor in a Last Will and Testament may not want to accept the appointment. On the other hand, there are many reasons (both legal and [...]

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20 Item Checklist for Executor in First Month of Appointment

By Sabrina Winters

A portion of the following list is provided to you from the North Carolina Estate Settlement Guide. This is a checklist of what the Executor’s responsibilities are within the first month of being appointed. This is not to be considered legal advise and or a complete checklist of what is required of an Executor. It [...]

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Initial Documents Required to File a Probate in North Carolina

By Sabrina Winters

The initial documents and information that are required by the State of North Carolina to file a Probate are as follows: 1.  The original Last Will and Testament; 2.  All the full names, mailing addresses and ages of each Beneficiary named in the Last Will and Testament; 3.  Application for Letters Testamentary; 4. Oath of Office; 5. Bond (if required); [...]

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