Handling the estate of a deceased loved one can be a difficult and time-consuming process, but an experienced probate lawyer can guide you through the complex and time-consuming legal paperwork At Nosal & Jeter, LLP, we help executors and personal representatives through the process of probating estates in North Carolina. We provide full-service assistance with preparing and filing court documents, locating and notifying heirs, and even selling and distributing assets.
Charlotte Probate and Estate Administration Questions
What is Probate?
Probate is the process that takes place after a person dies by which legal title of property is transferred from the decedent’s estate to his/her beneficiaries with the supervision of the probate court. For example, if a decedent dies as a resident of Charlotte, North Carolina, a Mecklenburg County Probate Lawyer can make the appropriate court filings to ease the transition of the estate from the decedent to the appropriate recipients. This process includes proving in court that a deceased person’s will is valid, indentifying and inventorying property of the estate, petitioning for spousal and children’s allowance, preparing a detailed and descriptive list for the court, notifying creditors, paying debts and taxes, and distributing the remaining property as the Will or state law directs.
How does probate work?
After the person’s death, the executor or administrator files papers in the county in which the deceased lived. The executor or administrator presents the court with a list of the decedent’s property, debts and who is to inherit the property. Relatives and creditors are officially notified of the person’s death. After all required steps, the court issues an order directing the transfer of the probate estate to the recipients. Our Probate Attorneys in North Carolina and South Carolina represent the Estate in dealing with the Probate Court.
How can you avoid probate in North Carolina?
You can avoid probate in North Carolina by transferring assets to a trust prior to death. A North Carolina probate attorney can form the trust and make the necessary transfers. Personal property is transferred to the trust by assignment or by change of account ownership into the name of the trust. Real estate is transferred to the trust by deed. A North Carolina Probate lawyer can assist you in making these transfers.
Does a Will avoid probate in North Carolina ?
No, a Will only directs who will receive the decedent’s assets through probate. For clients wishing to avoid probate, a North Carolina Probate lawyer will generally draft a pour-over Will combined with a revocable trust, where all assets owned in the name of the trust avoid probate at the decedent’s death and will be distributed under the terms of the trust.
How long does the probate process take?
Each estate is different, and the duration of administration depends upon the size and complexity of the estate. Our attorneys will work with the Executor or personal representative to expedite the administration process; however, any objections to the Will or actions of the Personal Representative will certainly cause delays.
Where is probate handled?
Probate usually occurs in the appropriate court for the county of the State in which the deceased permanently resided at the time of death. (For instance, if a person died as a resident of Charlotte, NC then their estate would be probated in Mecklenburg County. However, if the decedent owned property in other states ancillary administration may also be necessary.
Do I need a North Carolina Probate lawyer to handle the probate?
While there is no requirement to use a lawyer, the probate process is very complex and should be handled with the advice of a North Carolina probate lawyer. Additionally, the personal representative could be subject to personal liability for failing to account as required or for loss of estate assets, which makes the assistance of a probate lawyer even more important.
How can Nosal & Jeter, LLP help?
Contact our firm today at (704) 608-3429 for a consultation if you need to speak with a probate or estate administration attorney. Our North Carolina probate attorney frequently handles estates in Mecklenburg County, Gaston County, Cabarrus County, Iredell County, Rowan County and Union County, including probating estates in the cities of Charlotte, Gastonia, Monroe, Concord, Statesville, Mooresville, Davidson, Cornelius, and Huntersville but can handle North Carolina probate administration in any county. Our South Carolina Probate lawyer routinely handles estates in York County, Chester County, and Lancaster County, including probating estates in the cities of Fort Mill and Rock Hill.