North Carolina Probate Process – A Complete Guide

If you have recently suffered the loss of a loved one, our condolences. The North Carolina probate process can be overwhelming. When you hire a probate lawyer, you benefit from someone who is familiar with the procedures.

What Is Probate?

In North Carolina, probate is the court-supervised legal process of validating a deceased person’s will (if there is one), appointing an executor or administrator, inventorying and appraising assets, paying valid debts and taxes, and distributing the remaining estate to heirs or beneficiaries according to the will or state intestacy laws. This process is overseen by the Clerk of Superior Court in the county where the decedent resided.

The Probate Process in North Carolina

In 2024, there were 86,390 estate cases filed in North Carolina superior courts. North Carolina probate laws are outlined in Chapter 28A of the NC General Statutes. These statutes state that if the deceased left a will with a named executor, that individual serves as the personal representative.

If a person does not have a will that outlines estate administration or does not name an executor in the will, a personal representative is assigned by the clerk of the superior court in the appropriate jurisdiction to carry out estate administration on behalf of the deceased’s estate.

To initiate the probate process, formal proof of the death is required. The standard proof of death is a death certificate.

The personal representative’s first duty is to inventory the assets and debts of the estate. Assets may include bank accounts, stocks and bonds, vehicles, jewelry, furniture, valuable collections such as art, and business interests. Debts may be outstanding automobile loans and credit card bills solely owned by the deceased. Note that a letter of authority is often required for the personal representative to access the asset information of the deceased. This letter can be obtained from a clerk of the court.

Next, the personal representative must publicly notify the descendant’s creditors. This involves publishing the notice for 90 days, during which creditors can file claims for debts incurred by the deceased’s descendants before their deaths. After the 90 days, the representative can pay off any valid debts left by the descendant. Estate taxes must also be paid, as well as any funeral expenses.

The personal representative can then oversee the distribution of any remaining assets. This involves distributing assets directly to the named beneficiaries. If no beneficiaries are named, distributions are made according to intestacy laws.

Finally, the personal representative can close the estate by filing a petition with the court. Once approved, the probate case and the estate are officially closed.

Intestacy in North Carolina Estate Administration

Intestacy statutes are utilized by North Carolina courts when a person dies without a valid will (fully intestate) or when a will does not fully dispose of all probate assets (partially intestate). In these cases, the Clerk of Superior Court applies the state’s intestate succession statutes to determine how the estate’s probate property is distributed among surviving spouses, children, parents, or other relatives.

North Carolina intestacy statutes require that any remaining assets be divided between a surviving spouse and any children of the deceased. If the deceased has no children, the assets are to be divided between the spouse and the deceased’s parents. If the deceased has children, grandchildren, or great-grandchildren but no spouse, the assets are divided among the deceased’s direct descendants.

When none of these surviving family members remain, assets are distributed first to the deceased’s parents and, second, to the deceased’s siblings. Next in line are the children, grandchildren, etc., of the deceased siblings, and then the grandparents of the deceased. Finally, assets would be divided among the aunts and uncles of the deceased or their descendants.

When to Hire a North Carolina Probate Attorney

Most people who hire a probate attorney do so at the onset of filing. This is especially helpful if the estate has:

• Complex assets
• Significant debt
• Business interests
• Potential conflicts among beneficiaries named in the estate
• Claims filed against the estate

Why Choose Us?

When you hire a probate lawyer from Orsbon & Fenninger, LLP, you have someone who is experienced and focused on North Carolina probate laws from a well-established and reputable estate planning law firm on your side. We take customer satisfaction very seriously, and this is evident in the reviews of  our clients. Our probate attorneys are prepared to handle every aspect of your probate case.

FAQs

How Long Does the Probate Process Take in North Carolina?

It is difficult to quantify how long the probate process can take in North Carolina. Generally, an uncontested estate takes a shorter amount of time, but may extend longer for more complex ones. Delays often arise from the creditor claim period, asset valuation/sales, tax filings, family disputes, or the executor’s inexperience.

How Much Does an Estate Have to Be Worth to Go to Probate in NC?

Estates valued at $20,000 or less may be handled through a small estate affidavit. This requires a list to be made of all the estate’s assets, including bank accounts, stocks and bonds, and business interests, as well as all real estate. Assets that are solely owned, jointly owned, and those assets with or without a right of survivorship should be included.

Does Real Estate Have to Go Through Probate in North Carolina?

Real estate owned solely by the decedent must go through probate. Real estate that was jointly owned with right of survivorship, had a transfer-on-death deed, or was held in a trust can avoid probate. In these situations, it is advised that a probate attorney review the documentation and confirm the avoidance of probate.

How can I Avoid Probate in North Carolina?

To avoid probate in North Carolina, you can set up a revocable living trust to hold assets, add payable-on-death (POD) or transfer-on-death (TOD) designations to bank/investment accounts and securities, title property as joint tenancy with right of survivorship (or tenancy by the entirety for spouses), name beneficiaries on life insurance/retirement accounts, or gift assets during your life. A knowledgeable estate planning attorney can help you with all of these legal documents.

Hire a Probate Attorney Who Is Familiar With the Probate Process in North Carolina

Having the professional advice of an established North Carolina probate attorney can make a big difference in the ease of administering an estate. A probate attorney from Orsbon & Fenninger, LLP, can ensure your obligations as a personal representative are properly executed and prevent you from making simple mistakes that can delay the process. Contact our office to learn how our legal services can help your probate case.