How Do I Prepare the Initial Filing in an Estate Administration Case?
Detailed Answer
When a person dies, the estate must go through probate or estate administration in North Carolina. The first step is the initial filing with the Clerk of Superior Court in the decedent’s county of residence. This filing starts the formal process under Chapter 28A of the North Carolina General Statutes.
1. Determine Whether a Will Exists
If you hold an original will, you will file an Application to Probate Will and Appointment of Personal Representative. See G.S. 28A-6-1 and G.S. 28A-6-2. If no will exists, you will file an Application for Administration under G.S. 28A-6-3.
2. Gather Required Documents
- Original will (if applicable)
- Certified copy of the death certificate
- List of heirs and beneficiaries with current addresses
- Estimated values of real and personal property
- Name, address, and relationship of the proposed personal representative
3. Complete the Probate Forms
The Clerk’s office or the North Carolina Administrative Office of the Courts provides standard forms. Key forms include:
- Application to Probate Will and Appointment of Personal Representative (G.S. 28A-6-1, G.S. 28A-6-2)
- Application for Administration (G.S. 28A-6-3)
- Inventory and appraisal forms (G.S. 28A-13-3)
- Oath of personal representative
- Bond form, if required by the clerk
4. File the Documents and Pay Fees
Take your completed forms and payment for the filing fee to the Clerk of Superior Court. Fees generally range from $100 to $200, depending on the clerk’s office. The clerk will issue Letters Testamentary (if a will exists) or Letters of Administration (if no will exists).
5. Provide Notice to Interested Parties
Once the clerk issues letters, you must:
- Serve written notice on all heirs and beneficiaries.
- Publish a notice to creditors in a newspaper in the county of residence, typically within three months of the date of death.
Checklist: Initial Estate Administration Filing
- Original will (if any)
- Certified copy of the death certificate
- Complete list of heirs and beneficiaries
- Estimated value of assets
- Filled-out application forms
- Inventory and appraisal forms
- Oath and bond documents
- Payment for filing fee
- Proof of service on heirs and beneficiaries
- Proof of publication to creditors
Completing the initial filing accurately prevents delays and protects the rights of heirs and creditors. If you have questions about any step, it helps to consult an attorney with years of probate administration experience.
Pierce Law Group has attorneys ready to guide you through every stage of the estate administration process. Contact us today for personalized assistance. Email us at intake@piercelaw.com or call us at (919) 341-7055.
