Probate is necessary in various situations involving the distribution of a deceased person’s estate. The need for probate depends on factors such as the type and value of assets, the presence of a valid will, and applicable state laws. Here’s an overview of situations when probate is typically necessary:

No Estate Planning Documents:

• • No Will: If the deceased person did not create a valid will or any other estate planning documents, their estate will likely go through probate. In this case, the state’s intestacy laws will determine how assets are distributed.

Assets Held Solely in the Deceased’s Name:

• • No Joint Ownership or Beneficiary Designations: Assets owned solely by the deceased person without joint ownership or designated beneficiaries usually go through probate. This includes real estate, bank accounts, and personal property.

Complex Estates:

• • Large Estates: In many jurisdictions, larger estates may be subject to probate, and the process may involve additional scrutiny.
  • Multiple Heirs or Beneficiaries: If there are numerous heirs or beneficiaries, probate might be necessary to ensure a fair and legal distribution of assets.

Debts and Creditors:

• • Unsettled Debts: Probate is often required to settle the deceased person’s outstanding debts and liabilities. Creditors typically have the opportunity to make claims against the estate during the probate process.
  • Creditor Disputes: If there are disputes with creditors regarding the validity or priority of claims, probate can help resolve these issues.

Real Estate Ownership:

• • Sole Ownership: If the deceased person solely owned real estate, probate is usually necessary to transfer the title to heirs or beneficiaries.
  • Tenants in Common: If the deceased person owned real estate as a tenant in common, their share may go through probate.

No Survivorship Provisions:

• • No Joint Tenancy or Community Property with Right of Survivorship: Assets held in joint tenancy or as community property with the right of survivorship avoid probate because they automatically transfer to the surviving joint owner.

Contested Wills:

• • Will Contests: If there are disputes over the validity of the will, such as allegations of undue influence, lack of capacity, or fraud, the probate court may need to address these issues.

Minor or Incapacitated Beneficiaries:

• • Minor Beneficiaries: If a beneficiary is a minor, the probate court may be involved in overseeing the management of assets until the minor reaches the age of majority.
  • Incapacitated Beneficiaries: Similar considerations apply if a beneficiary is incapacitated.

Business Interests:

• • Sole Proprietorship: If the deceased person owned a sole proprietorship, probate may be necessary to address the business assets and liabilities.
  • No Business Succession Plan: Without a clear succession plan, probate may be required to determine the fate of the business.

It’s important to note that probate laws can vary significantly by jurisdiction, so the specific circumstances requiring probate may differ. Additionally, some assets may be designed to bypass probate through mechanisms like trusts, joint ownership, or beneficiary designations. Consulting with a legal professional can provide guidance tailored to the laws of the relevant jurisdiction and the specific details of the estate.

How Probate Solutions of North Carolina Can Help.

If you want to avoid expensive attorney fees but you are feeling uncertain about filing probate on your own, we can help you to get started.

• We will first listen to your situation.
• We will show you the forms you need to submit to the clerk of court.
• We will aid in filling out the forms.
• We provide you a probate timeline.  We will go over it with you to help you better understand where you are in the process and what to expect next.
• If you live outside of the state of North Carolina and do not have someone in the state to serve as your resident process agent, we can help you.
• We will help get the house prepared to be placed on the market.
• We will perform a market analysis so you will know the value of the home and how to correctly price it.
• We partner with clean-out services, estate sale companies, junk removal companies that can get the house clean and ready to sell.
• You can choose which option is best for you, whether it’s keeping the property, a quick cash sale or listing it on the market for the highest price possible.

We will do our best to make this process a smooth process for you. If for some reason your situation is too complex, we will be honest and tell you that in your case it is best to seek the assistance of an attorney.

Going through probate can be a stressful task, however we are here to help remove some of that stress from you.  Speak with me, just to see if I can help you.  You are not under any obligations to use my services, if you do not feel I am a good fit for you.

Please feel free to give me a call 910-286-6002.  I may be on the line with another customer when you call so if I do not answer please leave a message and I promise to return your call