Welcome to the Estate Administration Guide Resources Companion Page

Below you will find resources to help you through the Probate process. Click the links below to go directly to the page sections.

• North Carolina Clerks of Court Reference
• Alternatives to Probate Information
• A Glossary of Probate Terms

Physical Addresses and Phone Numbers for North Carolina Clerk’s Offices Nearby

For more North Carolina Courts information visit their locations page here: https://www.nccourts.gov/locations

Harnett
910-814-4600
301 W. Cornelius Harnett Blvd, Suite 100
Lillington, NC 27546

Moore
910-722-5000
102 Monroe St
Carthage, NC 28327

Hoke
910-878-4100
304 N Main St
Raeford, NC 28376

Cumberland
910-475-3000
117 Dick St.
Fayetteville, NC 28301

Sampson
910-596-6600
101 E. Main St
Clinton, NC 28328

Franklin
919-497-4200
102 S Main St.
Louisburg, NC 27549

Back to Top

Alternatives to Probate

When you decide to proceed with opening an estate to handle the affairs of a loved one, you should consider whether you are allowed to take advantage of expedited methods of handling the estate that does not require going through the entire administration process. In NC, our laws allow for faster methods of handling the administration of an estate under certain circumstances.

First, should you open an estate at all? Sometimes, all assets pass through other mechanisms, such as tenancy by the entirety, survivorship on a joint account, or by beneficiary designation. Just because someone passed, it does not mean an estate is always required to be opened.

Second, can you resolve the affairs by the use of a Year’s Allowance? A Year’s Allowance is a tool originally meant to prevent a surviving spouse from becoming impoverished while a deceased person’s estate was administered, but it also serves as an effective tool to expedite the process. The surviving spouse may claim personal property up to a certain dollar limit, which increases periodically. Children meeting certain eligibility requirements are also allowed to take a smaller allowance. It may be a good idea to claim this even if you have to open a full estate, but it may be a tool to allow you to expeditiously resolve the estate in its entirety.

Third, is the use of a “Small Estate” appropriate? A Small Estate, which is initiated by the filing of an Affidavit for Personal Property with the Court, allows you to handle the affairs of a deceased person that had the property under a certain dollar value. A small estate might not be appropriate in all circumstances, so it is important to research thoroughly whether the advantages of using this method of resolution outweigh the potential risks.

Fourth, is Summary Administration available? Summary Administration is only available when the sole heir is the surviving spouse. It allows a surviving spouse to almost entirely avoid the probate process as long as the surviving spouse is willing to assume personally the debts of the deceased person. Since some bills in NC are attributable to the surviving spouse anyway, it is worth researching whether a full estate can be avoided with this tool.

Fifth, if you all you have is a car needing to be transferred, can you use an MVR-317? The DMV has a form which can be used to transfer a vehicle without a full estate administration. The Court has to approve this and determine that the expense of probate and administration is not justified. This is particularly useful if you find a vehicle you did not know about after the estate is closed.

If you are not sure whether there is an advantage to opening an estate at all or whether one of these expedited methods is appropriate, you can learn more by emailing us at law@hoplerwilms.com.

Back to Top

Understanding the Language of Estate Administration

After a loved one passes, you will have to interact with many types of institutions, such as the Court, Banks, Brokerage Companies, Insurance Companies, and others. When dealing with these various institutions, you may hear unfamiliar terms unique to this type of situation. Below are some common terms that you may hear and what they mean, along with some tips, which are meant to help you navigate through the process of transferring assets and wrapping up affairs.

Probate – In NC, the act of showing the Court the Will and the Court stating that it is the final Will is called Probate. It also refers to the entire process of administering the estate of a deceased person. “Estate Administration” is a more technically accurate term for the latter, but you may hear either term used. In some states (not NC), the Court that handles the probate of Wills and administration of estates is called “Probate Court.”

Executor, Administrator, and Personal Representative – An Executor is someone named in a Will to manage the affairs of a person after the person passes. Once the person passes, the named Executor files documentation with the Court and is appointed to serve as Executor. An Administrator is like an Executor, except that there is no Will and the person is appointed pursuant to a different statute. A Personal Representative is a generic term used to refer to both an Executor and an Administrator.

Clerk of Superior Court – In NC, the Clerk of Superior Court (an elected official), not only is tasked with being the administrator, comptroller, and record keeper of the county courthouse but is also the Judge of cases involving the administration of Estates. You may hear this referred to as being “the Judge of Probate.” Each County has its own elected Clerk of Court. As you navigate through the Estate Administration process, you will be working with and answering to the Clerk of Court, who will be monitoring and auditing what you have done on behalf of the Estate of a deceased person.

Testate / Intestate – When a person dies having a valid Will, they are both considered to be a testate (noun) and to have died testate (adjective). Interstate works the same way, except that it describes a person that has no Will.

Beneficiary / Heir – Beneficiary can mean different things, depending on the context. It may refer to being named to receive property controlled by the Will, or it could mean a named person to receive property pursuant to another mechanism, such as a “Payable on Death” or “Transfer on Death” designation on a deposit or brokerage account, retirement account, or life insurance policy. Heir refers to a person who is the (or one of the) natural beneficiaries of an estate in the absence of a Will or where a Will would not control (such as in a wrongful death action). You may also hear the person referred to as “Intestate Heir” or “Natural Heir.”

Devise / Devisee / Bequest / Bequeath – Devise can be a verb meaning to give real or personal property to a person through a Will or it can refer to the property itself (as a noun) being given. Devisee is the recipient of such property through a Will. A bequest is a gift of personal property made in a Will and the term bequeath is a verb referring to the gifting of personal property in a Will.

Letters Testamentary / Letters of Administration – When someone becomes an Executor or Administrator, the Court gives them a letter which has a seal on it. The letter states that the named person has the authority to manage the affairs of the Estate. You would use this letter (usually in conjunction with a death certificate) to deal with other institutions, get control over assets, and direct the transfer of assets. In NC, you get five of these letters when you are first appointed, and each additional one costs $1.00.

Affidavit for Collection – This term refers to a different Court document sometimes used when the assets of a deceased person’s estate are valued at less than a certain dollar amount. The affidavit, once executed by the Court, serves to show the world that you have authority to manage the deceased person’s property. Note that this method of administration is only appropriate in limited circumstances

Back to Top