The North Carolina probate process and how it can affect your loved ones

Probate is required whenever a person dies owning assets in his or her name, regardless of whether the decedent had a valid will.  After a person dies, probate is the legal process of administering the estate (i.e. the possessions and liabilities) of the deceased person, who is referred to as the “decedent.”  The person who administers the estate is called the “executor” or “personal representative.”  In North Carolina, the probate process is overseen by the Clerk of Superior Court.  Sometimes probate is also referred to as “estate administration.”


The probate process begins when a family member or personal representative of the decedent files the decedent’s will and other forms and documents with the Clerk of Superior Court in the county of the decedent’s personal residence.  If the decedent did not have a will, then he or she is considered to be “intestate” and a separate form is filed requesting permission from the Clerk of Superior Court to administer the decedent’s estate.


Every family faces a unique set of challenges after the death of a loved one.  At Carolina Family Estate Planning we provide a full-service approach to probate that minimizes headaches, transfers assets as quickly as possible, ensures the right choices are made at every crossroad and all legal requirements are satisfied within the legal deadlines. All of this is done with love and compassion during a difficult time.


If you need help and guidance navigating the probate of a loved one’s estate, call us at (919)443-3035.