North Carolina Probate: Commonly Asked Questions

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North Carolina Probate
Commonly Asked Questions
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Probate
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What Is Probate?
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Probate is the legal process through which the
possessions left behind by a deceased person are
accounted for and distributed to new owners
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This process is supervised by a probate court
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Probate Courts
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What Are Probate Courts?
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PROBATE COURTS are courts of limited jurisdiction
that only hear cases involving probate issues
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In North Carolina, the Clerk of the Superior
Court in each county serves as the probate court
judge
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Process
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How Does Probate Work?
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When someone dies leaving behind individual
assets, the court will appoint someone to
administer those assets
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That person, called the executor or
administrator, will manage the property, use
estate property to pay any estate debts, and then
distribute any remaining property to the legal
inheritors
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Letters
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What Are Letters Testamentary?
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Once a North Carolina probate court approves
someone as an estate administrator, the court
will issue that person letters testamentary
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These documents give the administrator the legal
authority to manage the estate
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Options
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Can I Choose Who My Administrator Will Be?
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Yes
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You can select the administrator by crafting a
last will and testament and naming your choice
within it
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You can also choose alternatives to serve if
your first choice cannot
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Estate Affidavit
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What Is A Small Estate Affidavit?
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North Carolina probate law allows for a
relatively unique procedure that allows people to
use an Affidavit for Collection of Personal
Property of Decedent
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The affidavit is a sworn statement that, after
filing, allows you to settle an estate without
going through formal probate
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However, these affidavits can only be used in
limited circumstances
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Necessity
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Is There Any Way To Avoid Probate?
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YES
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You can create an estate plan that will allow
most, if not all, of your personal property to
avoid the probate process
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Learn More About Trusts in North Carolina
Learn More About Probate in North Carolina
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