Probate and Estate Administration
If you would like to schedule a free probate or estate administration consultation, we encourage you to contact our office at (910) 457-4577. We assist our clients in all phases of probate and estate administration, including:
Qualifying as Personal Representative
Getting will admitted into probate
Transferring assets into the estate
Closing and opening bank accounts as necessary
Identifying and giving required notice to creditors
Filing inventory with court
Accepting and rejecting claims
Distributing assets to heirs and beneficiaries
We also assist clients with matters involving:
Removal of personal representative
Recovery of estate property and funds
Petition for elective share for disinherited spouses
Proceedings to take possession, custody and control of decedent's real property
What is probate and estate administration?
When a loved one passes away, many assets owned in their individual name may need to go through probate or estate administration. The terms are often used interchangeably.
Technically speaking, probate is a procedure supervised by the court, where a will is proven to be valid. After admitting a will into probate, the court also appoints a personal representative (typically the named Executor) to handle the administration of the estate. When a person dies without a will, the court appoints an appropriate person to distribute the decedent's assets according to North Carolina intestate law.
The probate and estate administration process permits creditors to make claims against the estate and insures that remaining assets are transferred to the intended beneficiaries under the Will. The court oversees the estate administration and requires an accounting of assets passing through the estate. In Wilmington, North Carolina, The New Hanover County Clerk of Superior Court oversees the estate administration process.
What are the general steps involved in probate and estate administration?
Generally, the estate administration process can be broken down into three phases:
Qualification of personal representative
Gathering and valuing assets for inventory
Accounting for and dispersing assets