Qualifying as Executor

To qualify as Personal Representative (PR) or Executor, you are required take an oath before the Clerk of Court or in the presence of a notary or your estate attorney. The Clerk of Court is the Judge of Probate and has jurisdiction of the administration of the estate (N.C.G.S. 28A-2-1 AND 4). Along with the Oath of Administration, the Executor applies to the Clerk of Court for Letters and supplies the original Will, Death Certificate, Application for Probate, and Inventory of the Estate. If there is no Will, the court will determine who qualifies as Executor. Letters are then issued by the Clerk giving the official authorization to the PR or Executor to receive and administer all the assets belonging to the estate.

Named as Executor in a Will … Now what?

As the designated Personal Representative or Executor of your loved one’s Will, you possess a set of rights and responsibilities. Through the exercise of these rights, under the oversight of the local probate court, an executor has the ability to carry out the directives of the Will. The Executor is to gather and inventory all of the property of the estate at the time of death (N.C.G.S. 28A-15-2(a)), obtaining information in regard to all beneficiaries named in the Will and other potential heirs, collecting and arranging for payment of debts of the estate, approving or denying creditor’s claims, calculating estate taxes and filing tax payment and completing numerous probate forms.

Individuals who are about to qualify as Executor or Personal Representative of an estate should carefully consider obtaining legal counsel before taking such a step.

Attorneys Advising Executors

Contact our experienced North Carolina and South Carolina Probate Attorneys online at [email protected] or at (704) 608-3429 to set up a consultation. We are experienced in representing estate executors and fiduciaries. With skilled legal counsel, you can make certain that your personal liability is limited, the estate is administered according to North Carolina law, and minimize the chance of Will contest or adverse legal or tax consequences.

Additionally, our attorney’s fees are paid out of the Estate account as a valid expense of administration and not by the executor personally.