Handling A Deceased Loved Ones Estate
So what is probate anyway?
In a nutshell, probate is a legal process that takes place after someone dies. Here are some common issues that I have seen come up in probate administration:
-proving in court that a deceased person’s will is valid -identifying and inventorying the deceased person’s property -paying debts and taxes, and -distributing the remaining property as the will or intestacy laws direct.
In general, probate administration involves filing paperwork and court appearances by lawyers. Lawyers and court fees may be paid from estate property.
So how does the North Carolina probate process work?
The states all have their own rules regarding probate. In North Carolina, for example, the process usually goes something like this: the executor files the necessary forms with the court. The executor validates the will (if there is one) and details the decedent’s property.
One of the many things that an executor may be responsible for is discovering and managing the assets in the estate through the probate administration. In this capacity, the executor may have to decide what to do with real estate.
Sometimes, family members need access to estate funds and property during the probate process. In these circumstances, the court may allow the executor to release a certain amount of property to be used while the estate is going through probate. That way, the family can pay bills and live comfortably while the estate is going through probate.
Avoiding Probate
After someone’s death, someone in the decedent’s family (or someone appointed by the court) has to carry out the probate process. The estate must be handled following the appropriate legal procedures. The truth is, you can’t really ever completely avoid probate or administration.
The rules and procedures regarding probate and administration are defined in each state’s statutes. Like the rest of the states, this is the case in North Carolina. It is important to understand that there will always be some costs and deadlines that need to be met.
North Carolina estate planning attorney, Sabrina Winters discusses various topics related to North Carolina estate planning and probate administration. If you are a surviving family or executor of a deceased loved one’s estate, talking with a probate and administration lawyer is an important step in ensuring the estate is handled properly.
