Losing someone you love is hard. Handling their belongings and settling their affairs can make this time even more challenging. In North Carolina, this process is called probate. It involves managing and distributing a person’s assets after they pass away. Understanding how probate works can help you know what to expect and how to handle each step.
Starting the Probate Process
To begin probate in North Carolina, you need to go to the Clerk of Superior Court in the county where the person lived. You’ll need to bring several items:North Carolina Courts
- The person’s will, if they had one.
- A certified copy of their death certificate.
- An application and a preliminary list of their property.
- A filing fee of $120.
Some courts allow walk-ins, while others require an appointment. It’s a good idea to call ahead and find out what your local court prefers. North Carolina Courts
Choosing Someone to Manage the Estate
If the person left a will, it usually names someone to handle their estate; this person is called the executor. If there’s no will, the court will appoint an administrator. Both roles involve similar duties, like gathering assets, paying debts, and distributing what’s left to the rightful heirs. It’s important to act responsibly in this role, as mistakes can lead to personal liability. Sometimes, the court may require the executor or administrator to post a bond to protect the estate from potential errors.
Listing and Valuing Assets
Once appointed, the executor or administrator needs to make a list of everything the deceased owned. This includes things like houses, cars, bank accounts, and personal items. Each item must be valued as of the date of death. This step can take time, especially when dealing with banks and other institutions to get accurate information.
Gathering the Assets
After listing the assets, the next step is to collect them. This might mean transferring bank accounts into the estate’s name or taking possession of personal property. Some assets, like stocks or timeshares, can be complicated to handle and may require extra paperwork. It’s important to be thorough and organized during this process.
Paying Debts and Expenses
The estate must pay any outstanding debts, including funeral costs, taxes, and other bills. North Carolina law sets an order for paying these debts, giving priority to certain expenses like funeral costs and the costs of administering the estate. The executor or administrator must notify creditors and pay valid claims in the correct order. Failing to do this properly can lead to personal liability. This is one reason why many people choose to work with an experienced attorney during probate.
Distributing the Remaining Assets
After all debts and expenses are paid, the remaining assets are given to the beneficiaries named in the will. If there’s no will, North Carolina’s intestate succession laws determine who inherits. For example, if the deceased had a spouse and children, the assets are divided among them in specific ways set by law. Understanding these rules can be complex, so it’s often helpful to seek legal advice.Nolo
Final Accounting and Closing the Estate
The last step in probate is preparing a final accounting. This document details all the assets collected, debts paid, and how the remaining assets were distributed. It must be accurate and supported by documentation. The court reviews this accounting, and once it’s approved, the estate can be officially closed, and the executor or administrator is released from their duties.
Get Help With Probate Today
Dealing with probate in North Carolina can be a long and detailed process. Each step requires careful attention to ensure everything is handled correctly. If you’re facing probate, you don’t have to do it alone. At Salines-Mondello Law Firm, we understand how challenging this time can be. Our experienced team is here to guide you through each step, helping to make the process as smooth as possible. Call us today at (910) 777-5734 to discuss how we can assist you during this difficult time.