Skillful Guidance Through Probate And Estate Administration

Last updated on February 24, 2025

At Elder Law & Estate Planning Solutions, we guide individuals and families through the often difficult processes of probate and estate administration. Whether you are an executor, administrator, family member or an interested party who wishes to challenge an estate, we can represent you.

We can assist you with matters such as:

• Valuing assets
• Identifying and distributing assets
• Repaying creditors
• Contacting beneficiaries
• Paying estate taxes

Our attorneys have extensive knowledge of estate planning law and elder care law. Because these practice areas often intersect, their knowledge can address and resolve numerous issues that you may encounter. Along the way, we will provide compassion and care during what may be a painful time for you.

What To Know About Probate

Probate is the process in which the state determines the validity of a deceased person’s will or administers the estate of someone who passes away without a will. Probate can take a long time and it does not guarantee that the court will handle your estate as you would have wanted. To prevent or mitigate probate, you can work with an attorney to create valid estate planning documents such as a will.

If you do not have an estate plan, we can help you make one. Do you need assistance with matters pertaining to elder law? We can help you with these issues as well.

FAQ: North Carolina Probate And Estate Administration

Below are answers to some common questions about the probate process.

Is probate required in North Carolina?

If the deceased person owned assets solely in their name, probate is typically required to transfer ownership. However, assets with named beneficiaries, such as life insurance policies and retirement accounts, usually pass directly to the designated individuals. Additionally, small estates valued under $20,000 (or $30,000 if the surviving spouse is the sole heir) may qualify for a simplified process.

How long does probate take in North Carolina?

The time frame varies depending on the complexity of the estate. Many estates take between six months and a year to settle, but those involving disputes or extensive assets can take longer. The process involves gathering assets, paying debts and taxes and distributing what remains to beneficiaries. Delays can occur if legal challenges arise or if court approval is required for certain actions.

What happens if someone dies without a will in North Carolina?

If a person passes away without a will, North Carolina’s intestacy laws determine how their estate is divided. A court-appointed administrator will distribute assets based on a legal order of priority, which typically starts with spouses, children and parents. If no immediate family members exist, more distant relatives may inherit.

Do I need a lawyer for probate?

While the law does not require an attorney for probate, handling the legal process alone can be challenging. Probate involves filing paperwork, following deadlines, resolving potential disputes and managing financial responsibilities. A lawyer can assist with the legal aspects, making the process smoother and less stressful.

I’m the executor of a will. What are my legal responsibilities?

An executor is responsible for managing the estate and carrying out the terms of the will. Key duties include:

• Filing the will with the court: Submitting the will for probate and obtaining official approval to act on behalf of the estate.
• Inventorying assets: Identifying and valuing property, bank accounts, investments and other assets.
• Paying debts and taxes: Notifying creditors, settling outstanding debts and handling any required tax filings.
• Distributing assets: Following the instructions, pin the will to transfer property to heirs and beneficiaries.
• Closing the estate: Completing final court documents to settle the estate and discharge responsibilities.

Executors have a legal obligation to act in the best interests of the estate and its beneficiaries.

Consult Our Probate And Estate Planning Attorneys Today

Losing a loved one is difficult enough without also having to go through probate or administer an estate. Fortunately, you do not have to go through it alone. Contact Elder Law & Estate Planning Solutions in Concord to speak to our compassionate attorneys in an initial consultation. Call 704-859-8998 or send an email to reach us.