Frequently Asked Questions About Probate

What is the Probate Process Meant To Do?

When a loved one passes away, many families and loved ones are at a loss for how to access financial accounts to pay last bills, funeral expenses or other taxes as well as understand how assets such as real estate can be maintained after death.  These questions are further complicated when legal jargon, court filings and legal forms are presented at the local Clerk’s office where legal advice and guidance are not available.   The process of probate or an estate administration is meant to file the deceased person’s last will and testament with the court and qualify the person that the deceased nominated within the will (often called an Executor or Personal representative) to allow permission to shore up any final business on behalf of the loved one.  The court then oversees that the correct persons (beneficiaries) are given their “fair” share of the estate after payment of creditors, taxes and the like, typically over the course of a year long time line.

This process can make the executor’s “head swim” with confusion and if one doesn’t have legal advisement and counsel, certain actions taken (or omitted) from the probate process can subject the individual to legal liability if they have paid a creditor of the estate out of turn, commingled funds of the deceased’s during the process or countless other activities.

At the Law Offices of Cheryl David, for the past 30 years, we have and continue to be committed to assisting and advising individuals through thie already emotional process of probate and estate administration.  We have the knowledge and processes in place to help administer your loved one’s estate with ease which will give you the peace of mind that all items have been completed in a legal and correct manner with the court.  Our office assists families with estates of all sizes and also represents clients who may live out of state when their loved one passed away as to their need for advisement in North Carolina processes. If we can be of service to you when a loved one passes away, we invite you to contact our office and make sure that you are going through the correct steps in order to give your loved one’s final wishes their due.

The bank has asked me for Letters of Administration or Letters Testamentary to access accounts of a deceased loved one. what do I do next?

Typically, when someone asks for "Letters of Administration," a full probate is required. This process can take up to a year or more and involves several steps.

Probate Process:

• File opening documents (and the will, if there is one) with the clerk of court
• Become bonded, unless waived
• Letters are issued by the Clerk of Court
• Publish notice to creditors in the newspaper for one month
• Creditors have three months to make a claim
• After 90 days, an inventory is filed with the clerk
• Bills are paid to creditors
• Final taxes are filed and paid
• Beneficiaries must sign receipts of inheritance
• A final account is filed with the Clerk of Court

This process can be overwhelming and stressful. When someone asks for Letters, there is much more involved beyond the issuance of the Letters themselves. These are formal documents published by the Clerk of Court when someone passes away.

Assets in Trust:

Assets held in a Trust may avoid the probate process, and Letters would not be required to access those accounts. The same applies to accounts with a designated beneficiary. Occasionally, assets are inadvertently left out of the Trust, lack beneficiaries, or new money comes up after death that is in the deceased person's name, which may require probate. It is important to ensure that if you have a Trust that all assets are accounted for and connected to the Trust before death. When clients come to us with Trusts that still require a probate or "Letters", this is often an issue with the Trust being improperly "Funded" rather than an issue with the Trust itself. At our office, we take great care to try to make sure all of our clients have fully funded Trust. Occasionally life happens, and assets must still go through Probate, and we are always here to assist you if that occurs. 

Have more questions? Reach out online or call (336) 717-0375 today!