The loss of a loved one is never easy, and discovering that you’ve been named the executor of their will can add to the emotional weight you’re already carrying. It’s natural to feel overwhelmed and unsure of where to start, especially if you’ve never handled an estate before.
At Cary Estate Planning, our experienced probate attorneys are here to provide the guidance and support you need. We’ll work closely with you to ensure that your loved one’s will is properly executed and their final wishes are carried out with the utmost care and respect.
When your loved one leaves behind a will, it often needs to go through a legal process called probate before the assets can be distributed to the beneficiaries they’ve chosen.
Probate is the court-supervised procedure that validates the will and ensures that the deceased’s wishes are carried out properly. This process involves several steps. As the executor, you’ll be responsible for overseeing this process and ensuring that everything is handled according to your loved one’s wishes and North Carolina state law.
To begin the probate process in North Carolina, the executor must file a petition with the probate court in the county where the deceased lived. The petition must include:
Once the probate process has been initiated, the executor must:
Our probate lawyers can walk you through each step of the process, providing guidance and support to ensure that the estate is administered efficiently and in accordance with North Carolina law.
The executor, also known as a personal representative, is the person responsible for managing the deceased’s estate and carrying out the instructions in their will. The executor has a fiduciary duty to act in the best interests of the estate and its beneficiaries.
In most cases, the testator (the person who created the will) names an executor in their will. If no executor is named, or if the named executor is unable or unwilling to serve, the probate court will appoint an administrator to fulfill the role.
The executor’s primary duties include:
If you have been named executor or personal representative of the estate, our probate lawyers can help you fulfill your legal obligations and minimize the risk of personal liability.
One of the executor’s primary responsibilities is to identify and manage the deceased’s assets. This includes both probate assets (assets that are subject to the probate process) and non-probate assets (assets that pass directly to beneficiaries outside of probate).
Probate assets are assets that are solely owned by the deceased and do not have a designated beneficiary. These may include:
Our attorneys can help you identify and value the probate assets, ensuring that they are properly accounted for and distributed according to the terms of the will.
Non-probate assets are assets that pass directly to beneficiaries outside of the probate process. These may include:
Our probate lawyers can help you identify non-probate assets and ensure that they are properly transferred to the intended beneficiaries.
As the executor, you have a legal duty to notify creditors of the deceased’s passing and to pay any valid debts owed by the estate.
The executor must publish a notice to creditors in a local newspaper once a week for four consecutive weeks and must also send a notice to any known creditors. Creditors have 90 days from the date of first publication to file a claim against the estate.
The executor must pay the following debts and expenses of the estate in order of priority:
Our probate attorneys can help you notify creditors and ensure that all valid debts and expenses are paid in accordance with North Carolina law.
Even with a well-drafted will, challenges can arise during the probate process. Common issues include disputes among beneficiaries, will contests, and claims against the estate.
A will contest is a legal challenge to the validity of a will. Grounds for contesting a will may include:
If a will contest arises, our experienced probate litigators can represent you in court and work to defend the validity of the will.
Disagreements among beneficiaries can quickly escalate and lead to costly litigation. Common disputes may involve:
Our probate attorneys are skilled in mediation and can work to resolve beneficiary disputes efficiently and amicably, saving you time and money.
Once all debts and expenses have been paid and the remaining assets have been distributed to the beneficiaries, the executor must file a final accounting with the probate court. The final accounting must include:
After the final accounting has been approved by the court, the executor can petition for a final order closing the estate.
Our probate lawyers can assist you in preparing and filing the final accounting and obtaining the necessary court orders to officially close the estate.
North Carolina law provides for simplified probate processes in certain situations, which can save time and money for smaller estates.
If the value of the estate’s personal property (excluding real estate) is less than $20,000, and no estate proceeding is pending, the estate may qualify for collection by affidavit. This process allows the executor to collect and distribute the assets without going through formal probate.
If the value of the estate is less than $20,000 (if the surviving spouse is the sole beneficiary) or $30,000 (if the surviving spouse is not the sole beneficiary), the estate may qualify for summary administration. This simplified process allows the executor to distribute the assets more quickly and with less court oversight.
Our attorneys can help you determine if your loved one’s estate qualifies for one of these simplified processes and guide you through the necessary steps.
Executing a will after the death of a loved one is a significant responsibility, and the probate process can be difficult. At Cary Estate Planning, our compassionate probate attorneys are here to shoulder the legal burden, giving you the space to grieve and honor your loved one’s memory.
From the initial filing of the will to the final closing of the estate, our team will be by your side, providing guidance, support, and legal experience every step of the way. We’ll help you ensure that your loved one’s final wishes are carried out and that their legacy is protected.
If you’ve recently lost a loved one and need assistance with the probate process in North Carolina, contact us today.
Paul Yokabitus is the CEO and Managing Partner of Cary Estate Planning, a Cary, NC, estate planning law firm. With years of experience in estate and elder law, he has zealously represented clients in various legal matters, including estate planning, guardianship, Medicaid planning, estate administration, and other cases.
Paul received his Juris Doctor from the Campbell University School of Law and is a North Carolina Bar Association member. He has received numerous accolades for his work, including being named among the “Best Attorney in Cary” in 2016 and 2017 by Cary News and Rising Star in 2020-2023 by Super Lawyers.