Charlotte Probate Lawyers

Providing Skilled Support to Clients Throughout North Carolina

Probate is the legal process during which an individual’s estate is put through a series of legal procedures. It typically includes the allocation of the estate’s assets to beneficiaries, paying off any debts of the decedent, and, if necessary, transferring guardianship of any minor children to a designated guardian.

At Hicks-Guinn Law, PLLC, our probate attorneys understand how to competently guide clients through the estate administration process. We can represent executors, personal representatives, and other interested parties during probate and work to favorably settle any disputes. If you’d like to learn more about our services, call us today at (888) 373-9699 for a free consultation.

To speak with our experienced Charlotte probate lawyers, give us a call at (888) 373-9699 or contact us online today. 
 

What Is the Probate Process?

Probate has four primary stages:

• Opening the estate
• Paying the estate’s debts
• Managing the estate’s assets (liquidating or distributing them)
• Closing the estate

The first step to take in the probate process is to file the decedent’s will with the appropriate county’s registrar. If the individual died without a will (i.e. they died “intestate”), this step may or may not be required depending on the circumstances. Regardless, paperwork must be prepared in order to get the probate process started. Once filed, the court will issue an order for the personal representative of the estate, and they will need to be granted access before any assets can be accessed.

The second step in the probate process is to pay the estate’s debts:

• Creditors and beneficiaries must be notified of the decedent’s death. This should be done in order to pay creditors as quickly and efficiently as possible and to reduce the risk of action being taken against/having to pay from the personal representative’s pocket.
• Notice should be given within the first few months (3 – 4) of the decedent’s passing. The representative will notify any known creditors of the opening, and they will have a set amount of time (usually 90 days) to respond.
• If the representative doesn’t send notice to these creditors, they have three years to present a claim against the estate.
• All of the decedent’s creditors must be paid before any assets are distributed to beneficiaries and among heirs.
• If there is not enough money to pay creditors, the personal representative must sell any assets to cover the cost (sell the car, sell the house, etc.)

The third step of the probate process is to manage the assets. This may include selling or distributing them to beneficiaries or among heirs. Assets are separated into two separate categories: non-probate and probate assets.

• Non-probate assets: Assets like a joint tenancy, payable-on-death bank account, and certain retirement benefit plans can be transferred directly to a beneficiary. The only thing that happens is the individual will need to provide proof of the decedent’s death.
• Probate assets: This category includes assets the decedent left entirely in their name or assets such as accounts requiring a named beneficiary on their death. Probate assets can generally only be transferred to their new owners by submitting a court order.

Once all of the assets have been distributed, the final step of the probate process is to “close” the estate. Estate administration can begin as soon as 30 days following the day in which the estate was opened More than 90 % of estates close within 6 months, but some can take as long as 18-24 months if they are particularly large or complicated. During this stage, the personal representative presents the court with a detailed report of activities undertaken to compile and distribute assets and debts. The court will then respond by approving how the process has been handled for each specific step of the estate settlement process. However, this is very rare, and the personal representative can usually expect to finish the process after approximately 9-12 months.

To speak with our experienced Charlotte probate lawyers, give us a call at (888) 373-9699 or contact us online today.