One aspect of death that is often overlooked is the process of transferring an estate through probate, along with the complications that frequently arise from it. It can be difficult to explain the hardship of living with your grief while also trying to navigate probate law. The most effective way to alleviate the stress your loved ones may feel after your death is through estate planning. A Clemmons avoiding probate lawyer can help you establish an estate plan.
An estate plan can help you feel confident that your wishes will be followed after your death. It will also facilitate a smoother property transfer to your loved ones, as your estate is less likely to be subject to probate.
Although probate is intended to ensure that everyone is treated fairly and in accordance with the law, it can be expensive and time-consuming. This is likely to delay your heirs from accessing their inheritance when they may need it most.
The Orsbon & Fenninger, LLP team understands the importance of setting your family up for success following your death. Using this time to clearly state your wishes in a way that is likely to withstand any legal challenges can ensure your family understands your intent while simultaneously reducing some of the tasks they are responsible for handling at the end of your life.
With over 50 years of combined experience, we can listen to your needs and translate those needs into a successful estate plan. Only 32% of American adults report having a will, a number that is far too low. If you die without a will in Clemmons, NC, then your property’s distribution will be subject to intestate laws instead of your wishes.
A comprehensive estate plan is far more than just a will. Though a will is important, it will not keep your assets out of probate after your death. If assets are subject to probate, there will likely be a delay in distribution to your loved ones. Probate assets can also be seized to pay any valid debts that are submitted by a creditor, potentially reducing the value of property that can pass to your loved ones. Parts of an estate plan that can help your estate avoid probate include:
Orsbon & Fenninger, LLP, can help you create an estate plan that allows your property to pass to your loved ones without going through probate. Streamlining this process is one way you can support your loved ones and ease their grief following your passing while also ensuring your wishes are honored.
We’ve stood with too many families in Forsyth County Superior Court who were forced to handle their loved one’s estate without the guidance of an estate plan. Estate planning is an important step to take, but that does not make it any less difficult a process to complete. Orsbon & Fenninger, LLP, understands how emotional it can be to make an estate plan and will listen with compassion as you describe your needs and goals.
With more than 60 years of collective experience, we can combine high-end legal tools with a personalized touch to resolve your concerns for your family and estate after your death. Peace of mind is valuable, and we can help you achieve it for both you and your loved ones.
A: If you die without a will, your estate will be distributed to heirs and beneficiaries according to North Carolina intestate laws. This typically means that your property will be distributed to your spouse and children or to your spouse and parents in the absence of children. If you do not have a surviving spouse, your property will be divided between your children.
A: Avoiding probate court in North Carolina begins with creating a thorough estate plan. Implementing measures such as a trust, joint ownership with right of survivorship, and payable-on-death designation can help your loved ones avoid probate while still distributing your estate according to your wishes after your death. An estate planning attorney can help you build an estate plan tailored to your needs.
A: Summary administration is an abbreviated and simplified version of probate that can be used with smaller estates. Though summary administration does not entirely avoid probate, it can allow for the estate to be resolved in a fraction of the time that would be required in a typical probate process.
One potential estate planning strategy is to reduce the value of your estate through other methods, allowing the remainder of your estate to pass through summary administration.
A: It is recommended that you try to avoid probate in North Carolina because it generally requires a substantial financial and time investment. If your will is one of the 3% of wills contested during probate, the cost and emotional toll on your loved ones can be immense. Finding ways for your assets to transfer without probate can eliminate some of the issues your loved ones may face.
With more than 24 years of experience helping our community with estate planning, Orsbon & Fenninger, LLP, has the knowledge and compassion required to help you explore your options and then implement legally sound plans. Fewer than half of adults over the age of 55 have a will, a number we hope to change in our community. If you are ready to create an estate plan, contact Orsbon & Fenninger, LLP, to schedule a consultation.
Clemmons, a village located in Forsyth County, North Carolina, is part of the Piedmont Triad region and lies just southwest of Winston-Salem. With a growing population and proximity to urban amenities, Clemmons offers a blend of small-town community and suburban convenience. The area is served by the Forsyth County Clerk of Superior Court, which oversees probate matters for local residents.
Avoiding probate in Clemmons is often a priority for individuals seeking to simplify estate administration, reduce legal fees, and maintain privacy. Common probate avoidance strategies include establishing revocable living trusts, adding payable-on-death (POD) or transfer-on-death (TOD) designations to financial accounts, and holding real property jointly with rights of survivorship.
North Carolina continues to modernize its estate laws. In 2023, the legislature enacted Senate Bill 552, which amends N.C.G.S. § 31-5.4. This law now provides that a former spouse is treated as having predeceased the testator upon divorce, eliminating their inheritance rights unless explicitly reaffirmed. While this statute pertains directly to wills, it also reinforces the importance of regularly updating trust instruments and beneficiary designations—key tools in probate avoidance.
For residents of Clemmons, working with an experienced estate planning attorney can help ensure that all assets are properly titled and structured to avoid probate, where appropriate, under North Carolina law.