When someone in your family passes away, you might need to know about probate administration.
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:
-demonstrating the validity of a will -taking an inventory of real and personal property -making payments of debts as well as taxes -dispersing property through the will or intestacy.
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.
Part of the executor's job is to find and manage the decedent's assets during the probate process. Based on what the will says and the extent of any outstanding debts, the executor may have to make decisions about selling real estate or other property.
Often times, the family of the decedent will need money from the estate for immediate support. In this situation, the family or executor can petition the court for release of funds for this purpose during the probate process. With the court's permission, the executor may be authorized to pay off bills, debts, and taxes and disperse any residual property per the testator's will.
Avoiding Probate
Once someone in your family has died, you as the surviving family member (in an administration) or named executor (in a probate) have the obligation to see that the estate is handled in the appropriate legal manner. There really is no way to avoid a probate or administration.
Probate and administration procedures are set out in NC Statutes. There are always costs associated, time constraints to follow and statutory guidelines that need to be followed.
Author Resource:
North Carolina wills attorney, Sabrina Winters writes about various topics related to North Carolina wills 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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