An Explaination of Probate in North Carolina

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An Explanation of Probate
In North Carolina
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Postmortem
Realities
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When you are planning your estate you are
expressing your wishes regarding future asset
transfers
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As you are doing this you should consider exactly
what will take place after you pass away
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Your Last Will
The Executor
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If you use a last will to arrange forthe
distribution of your property you should name an
executor or executrix
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This is the person who will be responsible for
administering the estate
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Probate
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The executor is not going to work in a vacuum
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• He or she must admit the will
• to the probate court

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This court will supervise the administration of
the estate
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What Happens During
Probate?
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During probate the business of the estate is
conducted
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When you pass away you may have outstanding debts
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When you pass away you may have outstanding debts
Creditors have an opportunity to seek
satisfaction during probate
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If someone wanted to CONTEST THE WILL they
could present an argument before the probate
court
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Assets are prepared for distribution to the
heirs during probate
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Does It Cost Anything?
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There are costs that accumulate during the
probate process
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The court charges a fee, and the executor is paid
out of estate resources
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• Paying final debts and preparing the assets for
  distribution can involve the engagement of paid
  professionals

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These could include an attorney, an accountant,
and an appraiser
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How Long
Does It Take?
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The process of probate can be TIME-CONSUMING
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• Exactly how long it takes is going to depend on
  the complexity of the case

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Very simple and routine cases can be resolved in
a matter of months
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More complicated estate cases can sometimes be
stalled in probate for years
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RALEIGH-DURHAM NC PROBATE ATTORNEYS
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This presentation should have provided you with a
basic understanding of the probate process in
North Carolina
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If you need assistance with a probate matter, or
if you simply have questions about probate,
contact our firm to SCHEDULE A FREE CONSULTATION
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