Practice area
Probate and estate administration
When someone dies, their affairs have to be settled: bills paid, property gathered, and what's left passed on. We help the person in charge do that, one step at a time.
Who it's for
Executors named in a will, family members when there's no will, and anyone who's been told by a bank or the courthouse that they'll need to open an estate.
If you're grieving and the paperwork feels like too much, you're not behind. Most of it can wait until you're ready to start.
What the work involves
- Opening the estate with the Clerk of Superior Court in the county where the person lived
- Notifying creditors and waiting the period the law requires
- Finding and listing what the person owned and owed
- Paying final bills and filing the returns that apply
- Keeping records, and filing accounts with the Clerk
- Distributing what's left and closing the estate
What to bring
- The death certificate
- The original will, if there is one
- Recent statements, bills and mail for the person who died
- Deeds, vehicle titles and life insurance papers you can find
- Names and addresses of close family members
Fees
Estate administration may be billed hourly or as a flat fee, depending on the estate. We explain which, what's likely to be involved, and how billing works before you decide.
Questions about this
Do I have to use a lawyer to settle an estate?
Not always. Some small estates can be handled through a simpler process with the Clerk. We'll tell you if yours looks like one of those.
How long will this take?
Even simple estates in North Carolina usually stay open for several months, because creditors have time to come forward. We'll give you a realistic idea once we know more.
Am I personally responsible for the estate's debts?
Generally an executor isn't personally liable for the debts of the person who died, but the estate's money has to be used in the right order. We'll walk you through it.
Have you been left in charge of an estate?
Call or send a short note. We'll explain what's usually involved and find a time for a first meeting.