Detailed Steps for Initiating and Administering Probate

When someone dies owning property or assets solely in their name, you generally must open a probate estate in North Carolina to settle debts and transfer ownership. Probate in this state follows procedures set out in Chapter 28A of the North Carolina General Statutes. Below is an overview of the key steps.

1. Determine Whether Formal Probate Is Required

Not all estates require full probate. If the decedent’s personal property (excluding exempt assets such as certain retirement accounts) totals less than $20,000, you may qualify for summary administration rather than formal probate. See N.C. Gen. Stat. § 28A-20 for summary administration rules.

2. Locate and File the Original Will

If the decedent left a will, find the original document. File a petition for probate with the Clerk of Superior Court in the county where the person lived. Attach the death certificate, will, and petition. These procedures follow N.C. Gen. Stat. Chapter 28A, Article 2.

3. Appointment of a Personal Representative

Once the court admits the will or recognizes intestacy, the Clerk issues Letters Testamentary or Letters of Administration to the personal representative. These letters grant authority to collect assets, pay debts, and distribute property. See N.C. Gen. Stat. § 28A-2-5.

4. Notify Heirs and Beneficiaries

Inform all beneficiaries named in the will and any heirs under intestacy by mail. Notice ensures everyone knows who holds rights in the estate. Although not explicitly timed by statute, prompt notice prevents disputes.

5. Publish and Mail Notice to Creditors

The personal representative must publish a notice in a local newspaper and send written notice to known creditors. This starts the creditor claim period. Creditors have three months from the first publication to present claims. For details, see N.C. Gen. Stat. § 28A-19-3.

6. Inventory and Appraisement of Estate Assets

Within 90 days of appointment, the personal representative must file an inventory and appraisal of all estate assets with the Clerk’s office. This requirement appears in N.C. Gen. Stat. § 28A-13-2.

7. Pay Debts, Taxes, and Expenses

After claims are allowed, the representative pays valid debts, funeral expenses, administration costs, and any estate taxes. North Carolina imposes an estate tax on large estates; federal estate tax may also apply.

8. File a Final Accounting and Petition for Discharge

Once all assets are collected and all liabilities paid, the representative prepares a final accounting. File it with the Clerk and schedule a hearing. After approval, petition for discharge to end the estate. See N.C. Gen. Stat. § 28A-17-6 and § 28A-18-2.

Key Takeaways

• Check if the estate qualifies for summary administration under N.C. Gen. Stat. § 28A-20 to avoid full probate.
• File the original will, death certificate, and petition in the county of the decedent’s residence.
• Secure Letters of Administration or Testamentary before handling assets.
• Provide timely notice to heirs, beneficiaries, and creditors per N.C. Gen. Stat. Chapter 28A, Article 19.
• File an inventory within 90 days under § 28A-13-2 and pay allowed claims before distributing assets.
• Submit a final accounting and petition for discharge to close the estate.

Ready to Get Started?

Probate involves strict deadlines and detailed paperwork. The attorneys at Pierce Law Group guide families through each step in North Carolina. Contact us today for clear advice and dedicated representation. Email us at intake@piercelaw.com or call (919) 341-7055.