So what do I need to know about probate administration?
To put it simply, probate administration includes all the processes that occur with regard to someone's estate after someones dies. These are just a few of the legal issues that are presented in the administration of someone's estate:
-proving in court that a deceased person's will is valid -identifying and inventorying the deceased person's property -paying debts and taxes, and -distributing the remaining property as the will or intestacy laws direct.
In general, probate administration involves filing paperwork and court appearances by lawyers. Lawyers and court fees may be paid from estate property.
So how does the North Carolina probate process work?
The states all have their own rules regarding probate. In North Carolina, for example, the process usually goes something like this: the executor files the necessary forms with the court. The executor validates the will (if there is one) and details the decedent's property.
During probate administration, the executor takes on many jobs. Some of these roles include asset management and discovery. For example, an executor may have to make decisions about whether or not to sell property and real estate.
In some instances, immediate family members may ask the court to release support funds while the probate proceedings are under way. The court will grant the executor authority to pay debts and taxes and divide the rest among the people named in the will. Finally, the property will be transferred.
What can I do to avoid the probate process?
This is really a trick question. While there are things you can do to maximize the outcome of a probate or administration, you can't entirely avoid this process. There is an obligation to make sure that the decedent's estate is handled through the proper legal channels. Often times this becomes the obligation of a surviving family member.
Probate and administration procedures are set out in NC Statutes. There are always costs associated, time constraints to follow and statutory guidelines that need to be followed. - 31397
To put it simply, probate administration includes all the processes that occur with regard to someone's estate after someones dies. These are just a few of the legal issues that are presented in the administration of someone's estate:
-proving in court that a deceased person's will is valid -identifying and inventorying the deceased person's property -paying debts and taxes, and -distributing the remaining property as the will or intestacy laws direct.
In general, probate administration involves filing paperwork and court appearances by lawyers. Lawyers and court fees may be paid from estate property.
So how does the North Carolina probate process work?
The states all have their own rules regarding probate. In North Carolina, for example, the process usually goes something like this: the executor files the necessary forms with the court. The executor validates the will (if there is one) and details the decedent's property.
During probate administration, the executor takes on many jobs. Some of these roles include asset management and discovery. For example, an executor may have to make decisions about whether or not to sell property and real estate.
In some instances, immediate family members may ask the court to release support funds while the probate proceedings are under way. The court will grant the executor authority to pay debts and taxes and divide the rest among the people named in the will. Finally, the property will be transferred.
What can I do to avoid the probate process?
This is really a trick question. While there are things you can do to maximize the outcome of a probate or administration, you can't entirely avoid this process. There is an obligation to make sure that the decedent's estate is handled through the proper legal channels. Often times this becomes the obligation of a surviving family member.
Probate and administration procedures are set out in NC Statutes. There are always costs associated, time constraints to follow and statutory guidelines that need to be followed. - 31397
About the Author:
North Carolina wills attorney, Sabrina Winters writes about various issues related to North Carolina wills and probate administration. If you are a surviving family or executor of a deceased loved one's estate, talking with a probate and administration lawyer is an important step in ensuring the estate is handled properly.
