So What Is Probate Administration Anyway?
So what do I need to know about probate administration?
In a nutshell, probate is a legal process that takes place after someone dies. Here are some common issues that I have seen come up in probate administration:
-demonstrating the validity of a will -taking an inventory of real and personal property -making payments of debts as well as taxes -dispersing property through the will or intestacy.
The administration of an estate generally includes filing various forms and appearing before a judge. Legal fees and costs associated with court filings are typically paid from the estate.
What’s the process like in North Carolina?
While probate administration varies from state to state, the typical process proceeds from filings with the court, will validation, and property and debt inventory, distribution, and resolution.
During probate administration, the executor takes on many jobs. Some of these roles include asset management and discovery. For example, an executor may have to make decisions about whether or not to sell property and real estate.
Often times, the family of the decedent will need money from the estate for immediate support. In this situation, the family or executor can petition the court for release of funds for this purpose during the probate process. With the court’s permission, the executor may be authorized to pay off bills, debts, and taxes and disperse any residual property per the testator’s will.
Avoiding Probate
This is really a trick question. While there are things you can do to maximize the outcome of a probate or administration, you can’t entirely avoid this process. There is an obligation to make sure that the decedent’s estate is handled through the proper legal channels. Often times this becomes the obligation of a surviving family member.
Each state has it’s own probate and administration rules and laws. For example, in North Carolina, these rules and procedures are set forth in the NC Probate Statutes. Surviving family members must realize that there are always some costs, filing requirements, deadlines, hearings, and other procedures that are unavoidable.
North Carolina wills attorney, Sabrina Winters writes about various topics related to North Carolina wills and probate administration. If you are a surviving family or executor of a deceased loved one’s estate, talking with a probate and administration lawyer is an important step in ensuring the estate is handled properly.