Items to Find and Secure:

1. The Last Will and Testament and Trust Documents
2. Keys to safe deposit box
3. Life insurance policies
4. Business partnership agreements
5. Decedent’s checkbook
6. ATM card
7. credit cards & address book
8. Bank account statements
9. Marriage certificate
10. Veterans records
11. Retirement plans and employment records
12. Tax returns
13. Important & valuable family keepsakes

Items to Collect:

1. Current monthly bills
2. medical bills
3. bank statements
4. Checks received in the name of the decedent
5. Keep receipts for funeral expenses and any “out of pocket” estate expenses. Executor should accumulate list of assets and liabilities and debts
6. Note due dates on bills
7. Note the legal title descriptions on all accounts, assets and debts
8. Take pictures of home for quick inventory of contents (with no surviving spouse)

Contacts to make:

1. Family and Friends that could not be reached for funeral
2. Minister, priest or other support resource
3. Estate Attorney
4. Executor or Attorney to deliver Last Will & Testament to probate court
5. Accountant
6. Social Security
7. Veterans Administration
8. Insurance companies (regarding life, health, property insurance & annuities)

Family Care Issues:

1. Be mindful of family member bereavement issues and healthcare
2. Maintain security of home and property
3. Note family “issues” or disputes
4. Spouse may use joint account to pay bills, but others should not use decedent’s checkbook, credit cards or ATM card or auto
5. Consider a memorial or donation that the; family, beneficiaries and Personal Representative believe to be a fitting remembrance.

Starting the Probate Process and Responsibilities:

Getting the Last Will and Testament to the probate court will allow the Personal Representative (upon appointment) to pay bills. Probate assets (assets held in decedent name) or personal property items should not be distributed to beneficiaries without court approval. Executor, Personal Representative (or Attorney) should maintain possession & control of property and all important records and documents.

Contact Sabrina Winters, Attorney at Law, PLLC at (704) 843-1446 and will would to assist you and answer any questions you may have.

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.

The greatest fallacy most people have about estate planning is the belief that if they die intestate (or without a will) all of their property will go to their spouse.  In fact, it is this belief that keeps many people from creating an estate plan until after one spouse dies.  But this is not necessarily true.  What happens to your estate depends on many factors, including the state in which you live, whether you have children, your marital status and whether you’ve been married before, etc.  There is absolutely no one answer to the question “What happens if I die without a will?” Are you sure you want to take your chances with what might happen?

Another issue that most people just don’t understand is that probate is more often than not a very time consuming and expensive process.  There is a good likelihood that your loved ones will need access to your estate in the months following your death—unfortunately they are not likely to get it!  Probate court calendars, informing creditors, looking for other possible heirs, other family members contesting decisions—all of these and more can keep your estate tied up in probate for months or years, and unavailable to the people who need it most.

And perhaps the least understood drawback to refusing to create an estate plan in a down economy is that the probate courts may force your heirs to sell valuable assets at a time when property values are at their lowest. This alone could result in significant losses to the estate you pass on to your beneficiaries, not to mention probate fees and estate taxes that could have been saved had you planned ahead.

Estate planning may feel like an unnecessary expense, but the more you understand the more you realize just how essential it is.  Creating your estate plan now could be the best investment you make in your family’s future.

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);

6. Appointment of Resident Process Agent (if the Executor resides outside of North Carolina);

7. Filing fee of $61.00 and

8. Notice to Beneficiaries

Once the initial documents are filed and approved by the Clerk of Court, he or she will issue Letters Testamentary.  Letters Testamentary is the legal authority for the named Executor to investigate the location of assets and to collect the assets.  The Executor is not required to supply exact information regarding the assets on your initial Application for Letters Testamentary.  The Court will require that information 90 days later when the Executor files the 90 Day Inventory.