Probate Q&A Series

Detailed Answer

Meeting a probate attorney well prepared saves time and reduces stress during the estate administration process. In North Carolina, the clerk of court requires certain filings and timelines to open and manage an estate. For example, you must deposit the decedent’s original will with the clerk within 30 days of learning of the death. See N.C. Gen. Stat. §28A-8-1. You also must file a full inventory of estate assets within 90 days of appointment under N.C. Gen. Stat. §28A-13-1.

Your attorney relies on accurate details to plan steps such as will probate, notice to creditors, and distribution. Providing complete information means we can:

  • Identify assets subject to probate versus those held by beneficiary designation.
  • Calculate filing fees and bond requirements.
  • Determine which deadlines apply and when notices must run.
  • Advise you on potential tax filings, including final individual income tax returns and estate tax issues.

Gathering documents in advance also helps uncover any missing records early. Your attorney can then request certified copies of deeds, vehicle titles or insurance policies without delays later in the process.

Document and Information Checklist

  • Death Certificate: Obtain certified copies from the funeral home or county office.
  • Original Will and Codicils: Locate the decedent’s signed will, any codicils and safe-deposit box information.
  • Personal Identifiers: Full name, date of birth, Social Security number and date of death of the decedent.
  • Heirs and Beneficiaries: Names, addresses and contact details of potential heirs, devisees and beneficiaries.
  • Real Estate Records: Deeds, mortgage statements and property tax bills.
  • Financial Accounts: Bank statements, investment account statements, retirement plan documents and insurance policies.
  • Business Interests: Partnership agreements, corporate ownership documents or LLC operating agreements.
  • Debt Information: Credit card statements, loan documents, and medical or funeral expenses.
  • Tax Returns: Federal and state returns for the past three years.
  • Vehicle Titles: Car, boat or other titled items owned by the decedent.
  • Trust Documents: Copies of any revocable or irrevocable trusts.
  • Beneficiary Designations: Life insurance, retirement accounts and payable-on-death accounts.

Next Steps and Call to Action

Proper preparation speeds up your probate process and lowers costs. Pierce Law Group has seasoned attorneys who handle all aspects of estate administration in North Carolina. Contact us today to schedule your consultation. Email us at intake@piercelaw.com or call (919) 341-7055.