Asheville Probate Attorneys

Clear Guidance Through the Probate Process

Probate is unfamiliar territory for many people. You probably have questions about whether probate is required, what steps must be taken, and how long the process may last. In North Carolina, probate involves court oversight, deadlines, and detailed financial responsibilities that can be difficult to manage without legal guidance.

At the Law Offices of Cheryl David, we are always standing by to help people in Asheville and Buncombe County figure out probate. We even offer remote services, so you can use our legal counsel conveniently; many clients never need to meet us in person if they have busy schedules. Our goal is to help you understand the probate process, meet your legal obligations, and move forward with as few complications or delays as possible.

Have questions about probate? Contact our attorneys online or dial (336) 717-0375 today to get answers.

The Typical Probate Process

Probate is the legal process used to settle a person’s estate after death. In North Carolina, probate matters are handled through the Clerk of Superior Court in the county where the deceased person resided, such as Buncombe County. Probate provides the legal framework for transferring assets, paying debts, and carrying out a person’s final wishes, like those described in a will.

Common elements of the probate process include:

• Filing probate documents with the Clerk of Superior Court
• Appointing an executor or administrator
• Identifying, securing, and valuing estate assets
• Notifying creditors and paying valid debts
• Filing inventories, accountings, and required reports
• Distributing remaining assets to beneficiaries or heirs

Is Probate Always Required in North Carolina?

Probate is not required for every estate. Whether probate is necessary depends on how the deceased person’s assets were owned and whether estate planning tools were in place. Some assets transfer automatically at death, while others require court involvement before ownership can change.

That said, many estates do require probate, at least in some form. Assets owned solely in the deceased person’s name generally cannot be transferred without court authorization. Even when an estate appears simple, there may still be filing requirements or legal steps that must be followed.

Do All Assets Have to Go Through Probate?

Not all assets are required to go through probate. Certain types of property are designed to transfer directly to beneficiaries without court involvement. Understanding which assets fall outside of probate can help clarify what to expect and may reduce the overall complexity of the estate.

Assets that often pass outside of probate include property held in a revocable living trust, accounts with designated beneficiaries, and jointly owned assets with rights of survivorship. These assets typically transfer directly to the named individual once the proper documentation is provided.

However, assets that are owned solely by the deceased person and do not have a beneficiary designation usually require probate. Determining which assets fall into each category is an important early step in the process. We can help you identify probate and non-probate assets and understand how each should be handled under North Carolina law.

We Help Probate Clients in Asheville – Call Now

Probate can be complex, but you can get answers and legal insight from our team to simplify it. We provide practical guidance tailored to your role and the specific circumstances of the estate in question. Because we offer fully remote services, we can help you with an estate in Buncombe County regardless of where you live.

We help with probate matters by:

• Determining whether probate is required
• Preparing and filing probate paperwork
• Advising executors and administrators on their duties
• Addressing creditor claims and estate disputes
• Guiding asset distribution and estate closure

We’re ready to talk about your probate case. Call our Asheville probate attorneys at (336) 717-0375 and plan an initial consultation.