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Estate Administration & Probate Attorneys in Charlotte, North Carolina

Estate Administration & Probate Lawyers in Charlotte, NC

Our Daly Mills Estate Planning attorneys in Charlotte assist our North Carolina clients in determining whether their deceased loved one’s estate — no matter its size — must be assessed to go through a court-managed process called probate or estate administration.

Our Mecklenburg County probate and estate administration lawyers understand the complex processes, specific rules, requirements, and lengths of time involved in these important legal areas, so we can provide the guidance, prevention, and protection our clients need to achieve solutions.

Alongside our team of skilled Charlotte estate administration and probate support staff, we provide the customized resources and individual attention each client needs to secure their futures for themselves and their loved ones.

Contact our estate administration and probate attorneys in Charlotte today to learn how we can help outline your legal rights and options to improve your quality of life now and going forward.

What is Involved in the North Carolina Estate Administration Process?

Upon the death of an individual, their estate becomes the owner of their assets until the administration process is completed.

When the deceased had no valid will outlining his or her wishes, it is called an “intestate” estate.

Conversely, “testate” estates involve a valid will outlining the decedent’s wishes. This allows all debts to be paid from the decedent’s existing assets before the balance — when applicable — is distributed to the listed beneficiaries upon his or her death.

When your loved one has established a trust and has funded the trust with their assets, a probate estate is likely not required. Trust administration allows for the named successor of the trust to continue to administer the assets according to the trust terms, identify the beneficiaries of the trust, and distribute assets as the decedent wished.

Both types of estates may wholly or partially require probate, which can extend the time, money, and resources it will take to finalize asset distribution.

Our skilled estate administration and probate attorneys in Charlotte can help remove the confusion and stress from the process, so you can focus on grieving with your family.

Our Charlotte Estate Planning Attorneys Also Focus on Following Following Areas:

What is Involved in the North Carolina Probate Process?

Probate is the court-managed process where the assets of the decedent are managed and distributed per North Carolina court’s rules and instructions.

The North Carolina probate process may include:

  • The Personal Representative files papers with the local probate court.
  • The Personal Representative presents the deceased’s will — when one exists — to the court to confirm its validity, and provides a list of all property, debts, and who will inherit the property that remains.
  • If there is no will or if all heirs do not sign a waiver of bond, the Personal Representative may be required to post a bond before applying for letters of administration, which is the court order naming him or her as the administrator of the estate.
  • The executor or personal representative is charged with finding, inventorying, securing, and managing the assets during the probate process.
  • Settling the estate includes notifying creditors, opening an estate checking and/or savings account, gathering assets, filing an inventory and accounts with the court, distributing to heirs, and, finally, closing the estate.

Depending on the contents of the will, and the amount of debt, the executor or personal representative may have to decide whether to sell the securities, real estate, or other property to cover the deceased’s outstanding debts.

If you have lost a loved one and are unsure how to take the next steps in the estate administration or probate process, we can help.

At Daly Mills Estate Planning, our Charlotte estate administration and probate attorneys will guide you through each aspect of the process, so you can choose the most appropriate path for your unique financial planning needs.

How Long Does the North Carolina Probate Process Take?

Usually, the North Carolina probate process can take about a year depending on the size and value of the estate.

The minimum period for the probate processes in North Carolina is four months, which includes 90 days allotted to creditors of the estate to file claims against it.

The more valuable and complex the assets are, the longer the probate process will take.

Our North Carolina residents must have access to the legal tools and resources they need to make their end-of-life wishes known through the creation and validation of a will or trust. That is what our skilled probate and estate planning lawyers in Charlotte provide.

This allows your beneficiaries to avoid the stress, confusion, and delays that come with the probate court.

At Daly Mills Estate Planning, we will help protect your family by outlining everything there is to know about your estate and how you would like your decisions about its distribution enforced.

Contact our dedicated estate administration and probate lawyers in Charlotte today to learn how we can help you confidently enjoy the quality of life you deserve knowing each detail is protected.

Contact Our Dedicated Estate Administration and Probate Attorneys in Mecklenburg County, North Carolina Today

To learn more about how we can help you and your family create customized planning strategies to protect your legacy, call us at 704-595-2433 to schedule an initial consultation with our dedicated probate and estate administration attorneys in Charlotte, North Carolina at Daly Mills Estate Planning today.