Probate, which is also called Estate Administration, is the legal process of winding up a deceased’s financial, tax and other aspects of their personal life. Probate is typically required regardless of whether there was a Will or not as it is the legal process of resolving clean title to assets and extinguishing any debts. It will usually involve the Clerk of Court overseeing the proper collection and disposition of assets of the deceased’s estate. In cases where a trust is involved the Clerk of Court oversight may not be needed, but other tax and legal reporting is still required.
If you are the appointed Executor, Administrator or Trustee then you have been left with the burden of ensuring the deceased’s wishes are carried out in the proper way as they have directed and according to North Carolina law. Most times there is no guidebook left by the deceased, but if you are lucky you have good estate plan documents and an idea of the estate’s assets and activities. Seeking an attorney to assist you in this process is key in making sure you can accomplish the duties left to you in the way the deceased intended. Adams|Howell can assist by making sure the legal process is carried out properly and efficiently.