It depends on the nature of the Estate. Many assets pass outside of Probate and Estate Administration. For example, assets with Beneficiary designations, such as retirement accounts and life insurance, may pass outside of Probate.
Many individuals opt to use Trusts to keep assets out of Probate. However, it is important to understand that estate administration is still necessary for a trust. If properly established, the Trust permits the Estate Administration to be handled privately, without court supervision.
Even if there do not appear to be assets in the Testate Estate, if there is a valid Last Will and Testament, North Carolina law requires that it be filed with the Clerk of Court in the county in which the Decedent lived at the time of death.
If you need help to determine the appropriate steps regarding Estate Administration and whether Probate is required, consider hiring legal assistance.
