So what do I need to know about probate administration?
When someone dies, there are several “legal-procedures” that must take place with regard to the decedent’s estate. These processes are known as probate. This is a list of just a few of the types of things that come up during 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.
When an estate is going through probate, there will be legal paperwork to fill out and various court hearings. The fees associated with probating the estate may be paid with property from the decedent’s estate.
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.
During probate administration, the executor takes on many jobs. Some of these roles include asset management and discovery. For example, an executor may have to make decisions about whether or not to sell property and real estate.
In some instances, immediate family members may ask the court to release support funds while the probate proceedings are under way. The court will grant the executor authority to pay debts and taxes and divide the rest among the people named in the will. Finally, the property will be transferred.
What can I do to avoid the probate process?
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 issues 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.
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