North Carolina: 704-608-3429 South Carolina: 803-351-3597
Do you need a North Carolina Probate Attorney or South Carolina Probate Lawyer?
Handling the estate of a deceased loved one can be a difficult and time-consuming process, but an experienced probate lawyer can guide you through the complex and time-consuming legal paperwork At Nosal & Jeter, LLP, we help executors and personal representatives through the process of probating estates in both North Carolina and South Carolina. We provide full-service assistance with preparing and filing court documents, locating and notifying heirs, and even selling and distributing assets.
What is probate?Probate is the process that takes place after a person dies by which legal title of property is transferred from the decedent's estate to his/her beneficiaries with the supervision of the probate court. For example, if a decedent dies as a resident of Charlotte, North Carolina, a Mecklenburg County Probate Lawyer can make the appropriate court filings to ease the transition of the estate from the decedent to the appropriate recipients. This process includes proving in court that a deceased person's will is valid, indentifying and inventorying property of the estate, petitioning for spousal and children's allowance, preparing a detailed and descriptive list for the court, notifying creditors, paying debts and taxes, and distributing the remaining property as the Will or state law directs.
How does North Carolina probate work?After the person's death, the executor or administrator files papers in the North Carolina Probate Court with the assistance of the North Carolina Probate attorney. The executor or administrator presents the court with a list of the decedent's property, debts and who is to inherit the property. Relatives and creditors are officially notified of the person's death. After all required steps, the court issues an order directing the transfer of the probate estate to the recipients.
How can you avoid probate in North Carolina?You can avoid probate in North Carolina by transferring assets to a trust prior to death. A North Carolina probate attorney can form the trust and make the necessary transfers. Personal property is transferred to the trust by assignment or be change of account ownership into the name of the trust. Real estate is transferred to the trust by deed. A North Carolina Probate lawyer can assist you in making these transfers.
Does a Will avoid probate in North Carolina?No, a Will only directs who will receive the decedent's assets through probate. For clients wishing to avoid probate, a North Carolina Probate lawyer will generally draft a pour-over Will combined with a revocable trust, where all assets owned in the name of the trust avoid probate at the decedent's death and will be distributed under the terms of the trust.
How long does the North Carolina probate process take?
Each estate is different, and the duration of administration depends upon the size and complexity of the estate. Our attorneys will work with the Executor or personal representative to expedite the administration process; however, any objections to the Will or actions of the Personal Representative will certainly cause delays.