So What Is Probate Administration Anyway?
When someone in your family passes away, you might need to know about probate administration.
To put it simply, probate administration includes all the processes that occur with regard to someone’s estate after someones dies. These are just a few of the legal issues that are presented in the administration of someone’s estate:
-demonstrating the validity of a will -taking an inventory of real and personal property -making payments of debts as well as taxes -dispersing property through the will or intestacy.
In general, probate administration involves filing paperwork and court appearances by lawyers. Lawyers and court fees may be paid from estate property.
So how does the North Carolina probate process work?
While probate administration varies from state to state, the typical process proceeds from filings with the court, will validation, and property and debt inventory, distribution, and resolution.
Part of the executor’s job is to find and manage the decedent’s assets during the probate process. Based on what the will says and the extent of any outstanding debts, the executor may have to make decisions about selling real estate or other property.
Sometimes, family members need access to estate funds and property during the probate process. In these circumstances, the court may allow the executor to release a certain amount of property to be used while the estate is going through probate. That way, the family can pay bills and live comfortably while the estate is going through probate.
Avoiding Probate
After someone’s death, someone in the decedent’s family (or someone appointed by the court) has to carry out the probate process. The estate must be handled following the appropriate legal procedures. The truth is, you can’t really ever completely avoid probate or administration.
Each state has it’s own probate and administration rules and laws. For example, in North Carolina, these rules and procedures are set forth in the NC Probate Statutes. Surviving family members must realize that there are always some costs, filing requirements, deadlines, hearings, and other procedures that are unavoidable.
North Carolina wills attorney, Sabrina Winters writes about various issues related to North Carolina wills and probate administration. When you are a surviving family or executor of a deceased loved one’s estate, talking with a probate and administration lawyer is an important step in ensuring the estate is handled properly.
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