Detailed Answer
When a loved one passes away leaving a will that names multiple heirs but only one surviving child remains, you will need to open probate to transfer the decedent’s property lawfully. In North Carolina, probate takes place in the Clerk of Superior Court’s office in the county where the decedent lived.
1. Locate the Original Will and Death Certificate
First, find the decedent’s original will and a certified death certificate. The clerk must review the original will to verify its validity.
2. Identify the Personal Representative
A personal representative (also called an executor) handles estate administration. If the will names an executor, that person has priority. If no executor survives or the named executor declines, North Carolina law lets certain devisees (named beneficiaries) petition for appointment. As the sole surviving child and devisee, you can ask the clerk to issue Letters Testamentary under G.S. 28A-10-1 (ncleg.gov/GS_28A-10-1).
3. File the Application for Probate
Submit these documents to the clerk’s office:
- The original will
- A certified death certificate
- An application for probate or letters testamentary
- Any required filing fee
After reviewing, the clerk issues Letters Testamentary, empowering you to manage estate affairs.
4. Inventory and Appraise Estate Assets
Within 90 days of your appointment, file an inventory listing real property, bank accounts, investments and other assets. If the estate qualifies as a “small estate” (personal property under $20,000 and no real property), you may use a simplified affidavit procedure under G.S. 28A-19-1 (ncleg.gov/GS_28A-19-1).
5. Address Predeceased Heirs
If the will splits the estate among children but some predeceased, their shares pass according to the will’s instructions or, if silent, under North Carolina’s per stirpes rules in G.S. 29-14 (ncleg.gov/GS_29-14).
6. Pay Debts and Distribute Assets
Use estate funds to pay valid debts, taxes and expenses. After creditor claims end (usually three months after publication), distribute property to heirs as the will directs.
Key Points to Remember
- Probate begins by filing the original will and death certificate with the Clerk of Superior Court.
- You qualify to serve as personal representative if the named executor is unavailable (G.S. 28A-2-2).
- A small estate affidavit can simplify probate for estates under $20,000 in personal property.
- Heirs who predecease the decedent often pass their share to their own descendants under per stirpes distribution.
- Keep clear records of all transactions; you must file an inventory within 90 days.
Probating an estate can feel overwhelming. Pierce Law Group’s attorneys guide you through each step, ensuring compliance with North Carolina law and protecting your rights as the surviving child and devisee. For personalized assistance, email intake@piercelaw.com or call (919) 341-7055 today.
