Probate Lawyer in Wilmington, NC

The probate process in Wilmington, North Carolina can be overwhelming after suffering the loss of a loved one. When someone passes away, their assets and debts must be distributed and paid according to North Carolina law. Navigating this process can be time-consuming and emotionally taxing, especially while grieving your recent loss. However, having a skilled Wilmington probate attorney by your side can help alleviate the stress of the probate process. The experienced team at Bespoke Estate Law will guide you through the legal steps and ensure your loved one's estate is settled correctly and efficiently, while giving you the confidence that you are in good hands.

For a consultation with attorney Matthew Hurst, please get in touch. We look forward to helping you.

What is Probate in North Carolina?

In North Carolina, probate is a court-supervised process that occurs when a person dies with assets in their name, regardless of whether they had a will. This process involves the determination of a will's validity, and the transfer of a decedent's assets to their beneficiaries, pursuant to North Carolina law. Probate administration may also include retitling property to a beneficiary's name. In North Carolina, the probate process is overseen by the Clerk of the Superior Court.

How Does The Probate Process Work?

The probate process starts when the decedent's personal representative or family member files the will with the Clerk of the Superior Court. The will and other documentation must be filed in the decedent's county of residence. If the decedent died intestate (without a will), a particular form will be filed requesting permission from the Clerk of the Superior Court to administer the estate. Once all necessary documentation is gathered and paperwork is filed, the court will review and issue either letters testamentary or letters of administration. The distinction between the two is whether the decedent died with or without a will.

According to the law, once the executor has been issued a letter of administration, all of the decedent's creditors must be notified within 75 days. This requirement is because creditors are still owed even after the borrower dies. North Carolina law requires the executor to publish a notice to creditors in a local newspaper, placing them on notice so they may file claims against the estate. This notice must run for four consecutive weeks, and creditors have 90 days from the date of first publication to submit their claims. N.C. Gen. Stat. § 28A-14-1.

Once creditors have been given the required opportunity to file their claims, the executor is responsible for paying all legitimate debts, or denying any illegitimate debts. The payment should come from the estate's assets. Allowing creditors to be paid first ensures that all rightfully owed individuals and entities are paid before beneficiaries are given their share of the estate if the estate does not have sufficient assets to satisfy all debts. N.C. Gen. Stat. § 28A-19-6 provides the order of priority for repaying creditors, which the executor must follow.

North Carolina has a less time-consuming probate alternative procedure for estates with $20,000 or less and $30,000 or less if the spouse is the sole beneficiary. N.C. Gen. Stat. §28A-25-1 allows executors of small estates to use a small estate affidavit to streamline the probate process.

What Does A Probate Lawyer Do?

Probate attorneys will guide you through the probate process, saving you time and money. The probate process can be lengthy, especially in the case of contested administrations. Being an executor is a big responsibility with hefty legal consequences should you fail to uphold your duties. Probate lawyers will ensure the decedent's estate is correctly administered according to the law, giving you more peace of mind, and helping preserve your relationships with family.

Probate lawyers commonly help with the following:

• Managing the estate's finances

• Ensuring taxes are paid properly

• Frequent legal advice

• Creating an inventory of assets and debts

• Ensuring creditors are paid in the correct order

• Filing all necessary court filings

• Representing your interests in the case of a contested administration

The cost of your probate lawyer will depend on a variety of factors. Some attorneys charge a flat rate, while others may work on an hourly basis. At Bespoke Estate Law, we are transparent about our fees, and we will discuss your unique needs and situation in a free consultation.

Other Services We Offer

In addition to probate administration, our firm offers a full slate of estate planning services in Wilmington, NC geared toward safeguarding your assets and ensuring your loved one's wishes are respected upon their passing. We offer trust creation, will drafting, power of attorney services, business succession planning and more. Our comprehensive solutions are tailored to your unique needs, and will help give you peace of mind for the future.

Call For a Consultation With a Probate Lawyer in Wilmington

Probate administration and estate planning can be challenging processes. Luckily, you don't have to struggle; Bespoke Estate Law will provide personalized support at every step of the probate process to ensure your or your loved one's estate is administered legally and efficiently. Contact us today to discuss your options.