Understanding the Probate Process in North Carolina
When someone passes away owning land or other assets and leaves a will, North Carolina law requires you to probate that will before you can inherit. Probate means proving the will’s validity, settling debts, and transferring property to beneficiaries.
Here is a step-by-step overview of how to probate a will in North Carolina:
1. Locate and File the Original Will
Find the decedent’s original signed will. You must file it with the clerk of superior court in the county where the person lived. Under N.C.G.S. § 28A-11-1, the clerk records or admits the will to probate.
2. File a Petition for Probate
Submit a verified petition for probate of the will and issuance of letters testamentary. The petition goes to the clerk’s office where you file the will. See N.C.G.S. § 28A-10-1. Include the original will and payment of applicable filing fees.
3. Notify Heirs, Beneficiaries, and Creditors
The clerk issues letters testamentary to the appointed executor. Notify all heirs at law and named beneficiaries within 30 days of appointment as required by N.C.G.S. § 28A-10-4. You must also publish a notice to creditors so anyone who is owed money can file a claim within three months.
4. Inventory, Appraisement, and Bond
Within 90 days after receiving letters, prepare and file an inventory and appraisal of the estate’s assets under N.C.G.S. § 28A-21-1. The court may require the executor to post a bond unless the will waives bond or all beneficiaries agree.
5. Pay Debts, Taxes, and Expenses
Use estate funds to pay valid creditor claims and final income or estate taxes. Resolve any disputes before distributing property.
6. Distribute Assets to Beneficiaries
Once debts and taxes are settled, the executor prepares a distribution plan. Distribute personal property and funds according to the will. For real estate, the executor executes deeds conveying land to beneficiaries under N.C.G.S. § 47-18. Record deeds with the register of deeds.
7. Close the Estate
After distribution, file a final account with the clerk of superior court. When the court approves, it issues an order discharging the executor from further duties.
Key Takeaways for Probating a Will in North Carolina
- Always file the original will with the clerk in the decedent’s home county.
- File a petition for letters testamentary under N.C.G.S. § 28A-10-1.
- Notify heirs, beneficiaries, and publish notice to creditors as required.
- Prepare an inventory and appraisal within 90 days under N.C.G.S. § 28A-21-1.
- Settle all claims, taxes, and expenses before distributing assets.
- Use statutory authority to convey real estate under N.C.G.S. § 47-18.
- File a final account to close the estate and obtain discharge.
Need Assistance with Probate?
Probating a will can be complex. Pierce Law Group’s attorneys understand North Carolina probate procedures and can guide you through every step. For personalized help, email us at intake@piercelaw.com or call us at (919) 341-7055.
