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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:

-Will Validation -Property Inventory -Paying Creditors -Paying Taxes -Passing property through a will or intestate statutes

The administration of an estate generally includes filing various forms and appearing before a judge. Legal fees and costs associated with court filings are typically paid from the estate.

So how does the North Carolina probate process work?

In North Carolina, probate usually proceeds as follows: Upon the death of a family member, the executor of the will, or, if the person dies without a will, the executor appointed by the court, files the requisite papers in the local probate court. The executor provides evidence of the validity of the will and outlines the nature and extent of the property, debts, and how the estate is to be distributed.

One of the many things that an executor may be responsible for is discovering and managing the assets in the estate through the probate administration. In this capacity, the executor may have to decide what to do with real estate.

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.

What can I do to avoid the probate process?

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.

Each state has it’s own probate and administration rules and laws. For example, in North Carolina, these rules and procedures are set forth in the NC Probate Statutes. Surviving family members must realize that there are always some costs, filing requirements, deadlines, hearings, and other procedures that are unavoidable.

North Carolina estate planning attorney, Sabrina Winters writes about various issues related to North Carolina estate planning and probate administration. If you are a surviving family or executor of a deceased loved one’s estate, talking with a probate and administration attorney is an important step in ensuring the estate is handled properly.

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