How to Choose a Probate Lawyer in North Carolina?

When a North Carolinian decides to take steps toward estate planning, many determine they need to hire a probate lawyer, only to realize there are many options to choose from. Some are left with the question, ‘How to choose a probate lawyer in North Carolina?’

Why Hire a Probate Lawyer in North Carolina?

In North Carolina, while you are not legally required to hire a probate lawyer, it is advisable to assist in navigating the complex process of validating wills, inventorying assets, paying debts and taxes, notifying creditors, and distributing property. A North Carolina probate attorney can help avoid costly mistakes, reduce personal liability for executors, resolve disputes, meet strict deadlines, and provide guidance during an emotional time while ensuring efficient administration and compliance with state laws.

If the estate is eligible to avoid probate per North Carolina probate laws, you may not need a probate attorney. Some of the most common circumstances that do not require probate are listed below:

• If the estate assets are held in a trust.
• Property was jointly owned, and ownership was transferred under the right of survivorship.
• Assets are payable on death or transfer on death.
• Accounts, such as retirement accounts or life insurance policies, with named beneficiaries.
• Estates valued at less than $20,000.

Even if any of these situations apply, you may still need a probate attorney if you are unsure about the estate or assets in question. To know for sure whether an estate or assets require probate or not, it is advised that you consult with a probate attorney.

When to Hire a Probate Attorney

Although North Carolina probate laws do not require an attorney for an estate to go through probate, in general, it is recommended that you opt for one. This is especially true in the following situations:

• The estate includes complicated assets, such as business interests or real estate.
• The estate involves an administrator who lives in another state.
• There are claims filed against the estate, such as creditors, taxes, or other disputes.
• Beneficiaries or other parties have contested the will or are disputing the distribution of assets.
• You would like a stress-free experience that allows for professional oversight, legal advice, and guidance to minimize delays and mistakes throughout the process.

How to Choose a Probate Lawyer in North Carolina

When you are ready to hire a probate lawyer in North Carolina, it’s important that you select one who understands your particular situation. Below are some of the considerations you should take into account when choosing:

• Experience. You want a probate attorney who not only has experience with successful prior probate cases but also with the North Carolina probate laws and the judicial systems of your local community. Probate matters in North Carolina are handled by the Clerk of Superior Court in the county where the decedent resided.
• Fee Structure. Before you hire a probate attorney, inquire about their fees. Find out whether they charge an hourly or flat rate. Also, find out what services are offered at that rate and whether you can pay the fees with estate assets. The complexity of your case and your financial circumstances should determine which type of fee and rate schedule is ideal for your situation.
• Communication and accessibility. A good attorney is one who communicates well and openly, and can communicate specific details of probate laws that apply to your case. Communication skills and client satisfaction levels can be assessed by reading reviews from a lawyer’s past clients.

Why Choose Us?

At Orsbon & Fenninger, LLP, our probate lawyers and estate planning legal team are well-versed in North Carolina probate laws and familiar with NC probate courts. We can minimize stress and confusion for you and handle disputes quickly, should any arise. We encourage you to read our client reviews to get an idea of the level of service we offer.

FAQs

How Much Does a Probate Lawyer Cost in North Carolina?

In North Carolina, probate attorney costs can vary. Some lawyers charge a flat rate fee for probate, while others charge an hourly rate. To determine the ideal fee schedule for your situation, consult with lawyers about the services they offer and what’s included in their rates. Keep in mind that more complex cases result in higher costs and that there are also court fees in addition to lawyer fees.

Are Bank Accounts Subject to Probate?

Yes, bank accounts are subject to probate if they are solely owned by the deceased. To avoid probate, they can be set up as a payable upon death account, called a POD, or a transferable on death account, called a TOD. These bank accounts are either payable to or transferred to a named beneficiary or trust upon the death of the account owner. Joint accounts also avoid probate because they pass directly to the second owner.

Which of the Following Assets Do Not Go Through Probate?

Assets that do not go through probate include retirement accounts or insurance policies that have named beneficiaries. Also, in North Carolina, estates under $20,000 do not require probate. Additionally, jointly owned accounts with a transfer-on-death designation are not required to go through probate. Consulting with an experienced estate and probate attorney can ensure you are following state laws.

Do You Need a Lawyer for Probate in NC?

No, you do not necessarily need a lawyer in North Carolina for probate. Having the legal advice of a probate attorney can significantly reduce the margin for error, which can delay the probate process. If the estate is complicated or has complex assets, such as real estate or business interests, or if the beneficiaries are in dispute over the will, a probate attorney can provide the necessary support to resolve these issues without added undo conflict.

Connect With an Experienced Probate Attorney in North Carolina

With over 28,000 licensed attorneys in North Carolina, choosing a probate lawyer in North Carolina can be an overwhelming task. If you’re looking for a probate lawyer in North Carolina, contact Orsbon & Fenninger, LLP to learn more about our legal services.