Greensboro Probate Lawyer

Probate Attorney in Greensboro, NC

Probate is a formal court process that involves validating a decedent’s will and administering their estate. Since the process often takes a lot of time and money, a Greensboro probate lawyer at Orsbon & Fenninger, LLP, can work to limit the probate court’s influence over our clients’ accounts and other property. Our skilled attorneys have a deep understanding of North Carolina probate laws, and we offer strategic estate planning tools to help our clients with their legal needs.

Even in cases where probate is unavoidable, it’s wise to hire a probate lawyer. Your attorney can handle everything correctly and work to expedite matters whenever possible. Since 2001, our team has been guiding individuals and families through complex probate cases. We bring over 75 years of combined experience to each case, along with board certifications in estate planning and probate law through the North Carolina State Bar.

Probate Cases in North Carolina

Probate formalizes the various steps that must be taken to settle an estate. Its purpose is to ensure fair treatment under the law and in accordance with the decedent’s wishes. Unfortunately, the process is often expensive and time-consuming, especially if the decedent didn’t have any estate planning documents.

Approximately 15 percent of the population in Greensboro is over the age of 64. That said, it’s beneficial to start an estate plan as early as possible. You never know when something can happen, and it can be a valuable aid to your family if you have things organized and ready.

Navigating a probate case can work differently for each case. Simple and straightforward estates may be handled more quickly, but it can still take time. That’s why many people choose to protect their assets in trusts to avoid probate. A Greensboro probate attorney can discuss all these possibilities with you.

Probate Cases Without a Valid Will in Greensboro

According to recent data, 46% of all Americans do not have even a will to describe their last wishes, with only 20% of adults under 30 making these arrangements. Without this document in place, a probate case can become complicated.

Without a valid will, a decedent’s estate is administered according to intestacy law. Under this law, property is generally distributed amongst the immediate family. Every situation is different, and the makeup of a decedent’s family is going to determine how an estate is handled under intestacy law.

Probate can be complicated, even with a comprehensive estate plan in place, which is why it’s recommended to hire a probate lawyer to help you through the process. The court must determine the validity of the decedent’s will, and then estate administration begins. This process involves:

• Giving notice to creditors
• Inventorying assets
• Paying off valid debts
• Distributing the decedent’s remaining assets

It’s important to have a basic understanding of North Carolina’s probate laws to navigate the estate administration process successfully. A Greensboro probate lawyer can explain your options for securing and handling assets and debts in an estate.

FAQs

How Long Does the Probate Process Take in Greensboro?

How long the probate process takes in Greensboro depends on the type of probate process. Some estates are handled by full administration, which involves, among other procedures:

• Court processes
• Notification of beneficiaries and creditors
• Estate valuation

Small estates are eligible for summary administration, which is a simplified process. It is ideal to consult an attorney about your case, as they can explain the probate requirements of your unique situation.

Do All Assets in an Estate Have to Go Through Probate in Greensboro?

No, all assets in an estate do not have to go through probate in Greensboro. Property that typically goes through probate includes:

• Bank accounts
• Furniture
• Jewelry
• Stocks and bonds
• Vehicles
• Any other personal property

“Non-probate” assets that typically can avoid this process include land and houses as well as property with rights of survivorship. You can also place assets in a trust to transfer property directly to the new owner.

What Happens If Someone Dies Without a Last Will and Testament in Greensboro?

If someone dies without a last will and testament in Greensboro, their estate must be handled in accordance with North Carolina intestacy law. The order of priority for receiving property in an estate goes as follows:

• Parents
• Siblings, children, grandchildren, etc.
• Grandparents
• Aunts and uncles
• Descendants of aunts and uncles

The court is likely going to assign a personal representative for the estate, who must settle any debts before distributing property to the appropriate parties.

How Much Does It Cost to Hire a Probate Lawyer in Greensboro?

How much it costs to hire a probate lawyer in Greensboro can vary from case to case, depending on several factors. Greensboro probate attorneys typically collect their fees as a percentage of the total estate value.

The size and complexity of the estate and the lawyer’s level of experience can affect how much they charge. It’s wise to meet with them beforehand to discuss pricing and services to make sure they’re a good fit.

Hire a Probate Lawyer in Greensboro to Discuss Your Probate Case in More Detail

There is a lot to take care of after losing a loved one, and it can be overwhelming to take it on by yourself. Fortunately, you don’t have to do everything alone. In fact, it’s highly recommended that you reach out to a Greensboro probate attorney to help you through the process.

The people of Greensboro have been turning to the legal professionals at Orsbon & Fenninger, LLP, for their estate planning and administration needs since 2001. Our skilled attorneys bring over seven and a half decades of combined experience to each case, and we can put it to work for you, too.

If you’re ready to discuss your case in more detail, don’t hesitate to reach out and set up a meeting with a trusted member of our team today. We can go over the applicable probate laws and how to meet your needs.