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When someone has died, they may have an estate, a will, or a trust that contains assets that they want to leave to certain beneficiaries. A process that may have to take place to prove the validity of an estate or a will is called probate. You may find yourself wondering, “How long does probate take in North Carolina?”
If you are seeking guidance for the probate process, we at Orsbon & Fenninger, LLP, can help. With our extensive experience in probate law, we strive to be there for you and your family during these trying times.
What Is Probate?
Probate is defined as the judicial process in which a court of law must prove that a will or an estate is valid. Once the document is found to be valid, the beneficiaries of a will or estate will be able to receive the assets to which they are entitled.
The probate process also includes the execution of an estate or a will, meaning that there will be court proceedings that supervise collecting assets, paying debts and taxes, and distributing property to beneficiaries. The executor of a will or an estate is in charge of this.
Probate in North Carolina can take some time in many cases, especially if the case is more complicated. Complicated cases can include estates with a lot of assets and/or estates that involve many different beneficiaries.
How Probate Begins in North Carolina
After someone has passed away in the state of North Carolina, you have 60 days from the deceased’s time of death to submit their will to your county’s clerk and obtain a letter to confirm the personal representative who will be executing the will. The executor is also in charge of gathering information about the deceased’s assets that are a part of the will.
Valid wills must be signed by the deceased prior to their death and should be attested by at least two witnesses. Self-proving wills should have signatures of the deceased and their two witnesses, along with the acknowledgement of a notary public.
After the will has been submitted to the clerk’s office, you must apply for probate. You can apply for probate by filling out an application for probate and submitting it to the clerk’s office. An application must include the deceased’s full legal name, their address at the time of death, and information about beneficiaries (full names, relationship to the deceased, age, etc.). An application should also include appropriate documentation.
Once an application for probate has been accepted, you will receive a certificate of probate, and the process will begin. The probate process includes a thorough review of the deceased’s assets and, if necessary, paying off the deceased’s debts and taxes.
Taxes must be filed on behalf of the deceased if they were not filed prior to their death. If the deceased had debts at the time of their death, they must be paid off before assets can be distributed to beneficiaries. If it is necessary, some assets in the estate can be sold in order to pay off debts. Once all debts are paid off, the remaining assets will be distributed to each beneficiary listed in the will.
The process of probate can take months or maybe years to complete, depending on how complex the deceased’s estate is. If there is a lot of debt to be paid off, a lot of assets involved with the estate, the validation of beneficiaries, or other issues, the probate process can take longer than expected.
It can be difficult to determine an exact timeframe for your specific probate process, but an experienced probate lawyer is there to answer any questions you may have regarding the length of probate or about the process itself.
FAQs
Is Probate Difficult in North Carolina?
Probate can be difficult in North Carolina if an estate or a will is not properly organized. If there is no will, the state will decide who gets the deceased’s assets. If estate planning documents have not been updated by the time someone passes away, then there is the possibility of wrong beneficiaries or even the loss of newer property. As long as your assets are in order and you have the proper documentation updated, probate should not be difficult.
What Is the Shortest Time Probate Can Take?
Probate takes the least amount of time if an estate or a will contains a small amount of property and/or there are not many beneficiaries involved. For instance, if the deceased’s spouse is the sole beneficiary of their estate, then probate will take less time since there is less to validate. The more complex an estate is, the longer probate can take.
How Long Is Probate After Death in NC?
Probate can take a long time; executors have sixty days to gather documentation and assets in order to submit the will to the county clerk’s office, and then there is the actual process of validating the will before beneficiaries can receive their assets. Probate may take many months or even up to a year, depending on specific circumstances, such as the complexity of the estate and how many beneficiaries there are to receive assets.
How Do You Know When Probate Is Completed?
The probate process ends when all of the deceased’s taxes, debts, and other expenses have been paid, and all of the deceased’s assets have been distributed to each beneficiary listed in the estate. The estate will be closed by your county’s probate court judge through the submission of a final order.
Hire a Probate Lawyer
Probate can be a long and arduous process that can take place following a loved one’s death. This process makes sure that the distribution of assets follows local probate laws. If you are currently going through probate for your loved one’s will or estate, we at Orsbon & Fenninger, LLP, are here to help. To request a consultation with us, you can call our toll-free number or visit our office in Charlotte. Don’t wait, hire a probate lawyer today.
