North Carolina Probate Defined The term probate originates from the Latin word probatus, meaning proven.

As early as the 15th century, probate referred to the official proving of a will. In the United States, probate law is an important part of the estate planning process. Probate is the process required when an individual dies with assets that must be legally transferred to heirs or other beneficiaries. This will occur whether or not you have a will. If a person dies intestate, owning property worth more than his or her debts and end-of-life expenses and with no valid will, his or her surviving spouse receives the deceased persons part of the estate. This portion of the estate passes to the surviving spouse without a probate. The person in charge of estate administration is called an executor or an executrix. Some states refer to this individual as a personal representative, but the job is the same. The person placed in charge of a deceased persons estate has many responsibilities and can be paid to complete them. Should the appointed executor or executrix choose not to administer the probate, another person can be appointed. Basic Estate Planning Documents No one can predict the future, so its best to be as prepared as possible. Proper estate planning can help families in the face of death or another tragedy. Part of the planning process includes keeping up with the proper documentation, including: A Will A will is a legal declaration of a persons wishes as to how his or her property should be handled after death. A Living Will This document determines if a person stays on life-sustaining systems, feeding tubes, etc. Some may not wish to prolong life if there is little to no chance of recovery. Durable Power of Attorney Durable power of attorney is a legal document that designates another person to act on behalf of the individual.

The executor or executrix is responsible for locating and verifying the will, as well as taking control of all assets. Duties and Responsibilities In addition to securing the essential documents to probate a persons will, the executor or executrix also has the following responsibilities: Safeguarding all business assets. Inventorying all assets. Paying valid claims against the estate, including taxes and attorney fees.

Distributing bequests and the remainder of the estate.

The job of the executor is a difficult one, but very important for probate law. These tasks may take years to complete. Many times, legal assistance is recommended to ensure all laws are followed correctly. Steps for Probating a Will Probating a will is a complicated process, but it is essential because it ensures the matters of an estate are handled as the person intended them to be. An outline of the process includes a few basic steps: 1. 2. 3. 4. Obtain the services of a probate attorney. Deliver a copy of the original will to the lawyer. Complete a statement inventory of the estate. Publish a notice in the local newspaper stating that the will is going through probate court. 5. File and pay taxes for the deceased. 6. Complete a final accounting in order to close the estate. Contact a Qualified Attorney Gregory Herman-Giddens, JD, LLM, TEP, CFP and his legal team at TrustCounsel have the knowledge and experience to help you with all legal aspects of probate and estate planning. To contact us, please call (800) 201-0413 or fill out our online contact form. These articles are provided for informational purposes only and should not be considered legal advice. Professional legal counsel should be sought for specific advice relevant to your circumstances.