Estate Administration and Probate
When an individual passes away in North Carolina, a probate proceeding needs to be initiated in order to distribute the individual’s property. Probate is a legal process, generally with the Clerk of Court, that determines whether a person’s will (if they have one) is valid and formally appoints the executor (named in the will) or the administrator (when there is no will) to manage the assets owned in the deceased’s name alone at the time of death.
Through the probate process, the executor or administrator will be responsible for carrying out the final wishes of the decedent. Some of their duties during this process include:
- Payment of decedent’s debts and taxes
- Identifying the heirs of the decedent
- Distributing property owned by the decedent
- Collecting, inventorying and accounting for the decedent’s assets
Moreover, executors are expected to follow the applicable North Carolina laws when making distributions. Throughout this process, the executor must also keep detailed transaction records for accounting purposes.
Schedule a consultation with an estate administration and probate attorney at Bagwell Holt Smith P.A. to discuss how we can assist with your legal needs.