Probate Attorney in Raleigh
28 Years of Legal Experience You Can Depend On
When a loved one passes away, many people understandably start wondering
about inheritance. How does the process of distributing assets to loved
ones begin? Is it as simple as reading the will and claiming what is yours?
The answer lies in probate and its process.
The purpose of probate is to:
- Validate the decedent's will.
- Catalogue the decedent's property and estate.
- Appraise significant pieces of the property.
- Repay or eliminate owed debts.
- Distribute property as applicable.
The truth is that it usually cannot be avoided and serves a strong, beneficial
purpose for the decedent's surviving family members. If you believe that
probate is in the near future for you, call (919) 876-3300 to connect
with a Raleigh probate lawyer from Hopper Law Office today.
Executor Roles in Probate
Out of all of the matters probate and estate planning handle, naming the
executor in a will is one of the most important. The executor is usually
a close family member, lifelong friend, or trusted colleague, and is named
by the decedent in the will. If no one is named, the court may appoint
either the closest relative of the decedent or the person who is inheriting
the most property as the executor.
What are the executor's roles?
- Ensuring all debts are paid correctly and in a timely manner
- Filing the final tax return on the decedent's behalf
- Distributing assigned property as the will intends or the court demands
- Overseeing the process in general
If you have been assigned as executor, you must understand that it is a
critical role in probate. Allowing your responsibilities to slide may
spell disaster for everyone else and could seriously delay the entire
probate process. The wise choice is usually to team up with a probate
attorney and allow them to guide you from start to finish, avoiding mistakes
an unprepared executor may make.
Using an Affidavit for Collection
In North Carolina, a somewhat unique law is in place that can allow you
to circumvent most of the probate process. If the estate of the decedent
is valued at less than $20,000 – minus the value of real estate
property – or $30,000 if the surviving spouse is inheriting everything,
an affidavit for collection of personal property of decedent form may
be used to request permission to directly collect all the property without
probate. Without a proper investigation and preparation, the affidavit
could easily be denied by the court, especially if there are other interested
parties with a valid claim to some of the decedent's property.
Making a Complex Process as Simple as Can Be
Here at Hopper Law Office, our Raleigh probate attorney believes that probate
should be kept as painless and as quick as possible. On the other hand,
you want to tread carefully to ensure you are not overlooking anything
important. We bring you the best of both worlds: close eye for detail
along with a sense of urgency, as if the will and estate in question was our own.
You can schedule a case evaluation
to get started. You only need to contact us