Should I Hire a Probate Attorney in North Carolina to Handle Estate and Wrongful Death Settlement Matters, or Can I Complete the Process Myself?
1. Detailed Answer
When someone dies, their assets and debts typically pass through the probate process under North Carolina law. If the decedent had a valid will, the personal representative you appoint (sometimes called an executor) gathers assets, pays debts, and distributes property according to the will. If there is no will, the court follows the intestacy statutes to distribute assets to heirs.
In addition, families may pursue wrongful death claims to recover damages for the loss of their loved one. The North Carolina Wrongful Death Act (N.C.G.S. Chapter 28A, Article 2) sets strict timelines and rules for bringing such actions. A wrongful death settlement often needs court approval and, if the decedent leaves an estate, coordination with probate to ensure that settlement proceeds flow correctly into the estate before distribution to heirs.
Completing probate and a wrongful death settlement without legal help is possible in very simple cases—small estates, clear asset records, no creditor disputes, and no contested heirs or beneficiaries. North Carolina’s small estate affidavit procedure (N.C.G.S. § 28A-13-1) allows transfer of certain assets without full probate if the estate’s value is below statutory limits and no real property is involved.
However, most estates and wrongful death settlements pose challenges:
- Complex Assets: Real estate, business interests, retirement accounts, or insurance policies may require court orders, titles transfers, or tax filings.
- Creditor Claims: North Carolina law (N.C.G.S. § 28A-15) gives creditors up to 90 days to present claims. Mistakes in notice or allowance may expose you personally.
- Family Disputes: Disagreements among heirs or beneficiaries can trigger contested probate proceedings or litigation over a wrongful death claim.
- Wrongful Death Complexity: You must comply with the North Carolina Wrongful Death Act’s notice requirements, damage calculations, and court approval of settlements or jury awards.
- Statutory Deadlines: Missing a filing deadline—in probate or wrongful death—can bar your rights. For example, wrongful death actions must begin within two years of the death (N.C.G.S. § 1-53.1).
Probate attorneys bring practical experience in valuing assets, preparing petitions, handling filings, and defending against unexpected challenges. They help ensure you meet all statutory requirements:
- Filing a petition for probate or appointment of a personal representative (N.C.G.S. § 28A-2-1).
- Notifying creditors and paying valid claims within notice periods (N.C.G.S. § 28A-15-1).
- Obtaining court approval for wrongful death settlements (N.C.G.S. Chapter 28A, Article 2).
- Distributing assets and filing final accountings to close the estate (N.C.G.S. § 28A-23-1).
In sum, while you can handle straightforward matters alone, most estates and wrongful death settlements involve risks if you proceed without legal guidance. An attorney can help you avoid pitfalls, reduce delays, and protect against personal liability.
2. Key Considerations for Estate and Wrongful Death Matters
- Estate size and asset complexity
- Presence of a valid will or multiple wills
- Number and location of creditors
- Potential disputes among heirs or beneficiaries
- Valuation of personal property, real estate, and business interests
- Compliance with notice and filing deadlines
- Tax obligations at state and federal levels
- Requirements under the North Carolina Wrongful Death Act
- Court approval necessary for large settlements or distributions
- Personal liability risks for mistakes
Probate administration and wrongful death settlements carry strict procedures and deadlines. Pierce Law Group’s attorneys have years of experience guiding families through these challenges. If you need help or have questions, contact Pierce Law Group today. Email us at intake@piercelaw.com or call us at (919) 341-7055.
