More About Probate – Durham County Estate Lawyers

We have previously talked about what it means to probate a Will. The estate administration process can often sound scary and complicated, which is a reason many people go to great extremes to try and avoid probate court. However, at least in NC, the process of administering an estate before the Clerk of Court is not as frightening of a process as some would let on. Without a proper will, though, it can be more troublesome. The estate administration process is supervised by the court and is carried out by the executor. The executor is the person named in a Will to oversee an estate. If you do not have a Will, that person is called an administrator. You may also hear the person referred to as a “personal representative” which means either an executor or an administrator.
If a person creates a Will, it needs to go through the probate process to make sure it is valid and to ensure that the decedent’s wishes are carried out.
In order to start the probate process, the executor, also called a personal representative, has to submit the Will and petition the court to be its executor. If any heirs object to the named executor, they can come forward at this time.
Once the petition is approved, the executor alerts all known creditors in writing that they have a certain amount of time to make claims on debts. There may be creditors or debts the executor doesn’t know about, so they will also put out an ad in a newspaper to let everyone know.
The decedent’s property and other assets are inventoried to determine how much the estate is worth. This includes the value of any property owned, vehicles, accounts, and any other items of value. After it is determined how much the estate is worth, the executor uses those funds to pay off debts and to pay any taxes.
After all debts have been paid, the estate is divided up according to how the Will wants it to be. If there is no will, then they follow the laws of the state to divide up the rest of the estate.
Our Durham estate planning attorneys have experience with the probate process. If you want to make sure your estate is carried out according to your wishes, schedule a consult with Hopler, Wilms, & Hanna today. We look forward to creating an estate plan that meets your needs.