Winston-Salem Probate Lawyer

Winston-Salem Probate Attorney

If you have legal issues regarding estate planning or are considering initiating estate planning in Winston-Salem, employing the services of a trusted legal professional can make the legal struggles you’re facing easier. An experienced and qualified Winston-Salem probate lawyer can offer many services and benefits. These benefits include explaining complex North Carolina probate laws, drafting legal probate documents, and responding to timely court dates.

Hire a Probate Lawyer With Roots in North Carolina

Orsbon & Fenninger, LLP, was founded in Charlotte and is grounded in communities like Winston-Salem, where we have represented countless probate cases. We understand the culture and the language of the region and meet our clients on their level. Regarding your case, we have numerous resources we can provide to make your legal journey lighter. Our experience has provided us with the knowledge and skills to handle any legal probate case that comes our way.

Probate Procedures

The North Carolina Administrative Office of the Courts outlines the process of probate from the perspective of executors and administrators. The main steps required of an executor are outlined here.

Naming an Executor

North Carolina probate law is specific in its directions for estate administration. If there was no will, or a personal representative was not named in the will, qualified applicants can apply for “letters,” which authorize a party to oversee the distribution of the estate. The courts will select a responsible party who has general knowledge of the deceased’s assets, and in the following order, as qualified:

• The spouse of the deceased
• Any recipient of property named in the will
• Any next of kin
• Any creditor who is owed by the estate
• Any good character who applies

North Carolina probate laws also define who cannot serve as an executor:

• No one under 18 years of age
• Anyone deemed incompetent or unsuitable by the court
• No one who is a convicted felon and hasn’t gotten their citizenship restored
• Corporations that are unauthorized to act as a personal representative
• No one who is illiterate

Once a personal representative is confirmed, their duties are clearly defined. They must notify creditors and take other time-sensitive actions. They have the power to inventory and collect assets, pay claims made against the estate, and disburse the assets of the estate to the beneficiaries. The timeline is below.

• The executor must post notice of the estate once a week for four weeks consecutively.
• Within three months of the date of becoming executor, the representative must file an inventory of all the estate’s assets, including joint accounts and real property, with one of NC’s 100 Clerks of Superior Court.
• The personal representative must then pay all the claims against the estate.
• Next, the executor must then pay the taxes on the estate.
• The attorney’s fees are paid next.
• Finally, the distribution of assets may take place.

The Forsyth County Courthouse is where matters of probate court are held for Winston-Salem, North Carolina. The Forsyth County Courthouse is located at 175 N. Chestnut Street in Winston-Salem.

A Winston-Salem probate attorney can be a very useful resource when going through probate in North Carolina. There are many laws and deadlines to adhere to. An experienced lawyer can help you understand the laws and smoothly navigate the timeline of probate.

Why Choose Us?

When it comes to the confidential details of their estates, our clients say they feel comfortable sharing their concerns for the future with us. If you are tasked with the important role of an estate administrator or executor of a loved one’s estate, you can feel confident that our law firm will be respectful in upholding the wishes of the deceased.

Our knowledge of probate laws and experience with probate cases make Orsbon & Fenninger, LLP, the top choice for a Winston-Salem probate lawyer.

FAQs

How Much Does a Probate Lawyer Cost in North Carolina?

The cost of a probate lawyer in North Carolina can vary, depending on certain factors. These factors include whether an executor is named in the will or if one must be appointed. Other factors include the size of the estate, the number of claims against the estate, and the complexity of locating potential assets to be included in the estate’s inventory. If the will is contested, the cost of a probate lawyer could be significantly higher.

Do You Need a Lawyer for Probate in North Carolina?

It is not required by law for you to hire a probate lawyer in North Carolina. The probate process can be complicated and require a lot of work, attention to detail, and deadlines. If you don’t have an understanding of the process or the extra time required to handle the duties and responsibilities that come with overseeing an estate as executor or personal representative, hiring a probate lawyer can lighten the load.

How Long Does It Take to Go Through Probate in NC?

The timeline for probate in NC is set in a very specific schedule. If you are overseeing the state of someone who is deceased, there are deadlines that must be adhered to, such as an inventory of the estate must be filed within three months to one year of an administrator being named. The administration of the estate could sometimes take longer, especially if it is a complicated inventory or if the will is contested.

What Assets Are Exempt From Probate in North Carolina?

There are some assets that are exempt from probate in North Carolina. These assets are not required to go through probate with the estate. They include such assets as accounts that are jointly owned or accounts with survivorship rights. This may include retirement accounts with named beneficiaries, trust-managed assets, annuities, and life insurance policies with named beneficiaries. Talk to a trusted probate attorney to determine whether specific assets should be included in estate administration through probate.

Probate Attorneys You Can Trust

If you have questions about probate in Winston-Salem, contact the knowledgeable and compassionate legal team at Orsbon & Fenninger, LLP, to discuss your legal position with probate. We can answer your questions regarding probate, help you to understand your role in the process, and assist you in navigating the red tape as we patiently guide you through it.