What Is Probate and How Does It Work?

Probate is a legal process to settle a deceased person’s estate, whether or not a Will exists. It involves verifying the Will, identifying and managing assets, paying debts and taxes, and distributing what remains to heirs or beneficiaries. Even if you believe your estate is simple, probate ensures everything is handled in accordance with state law, providing peace of mind for families.

How Does Probate Work?

Probate begins with filing the necessary documents with the Clerk of Superior Court in the county where the deceased lived. The court appoints a personal representative—an executor if named in the Will or an administrator if no Will exists—to oversee the estate. This representative inventories the assets, handles debts and taxes, and ensures the remaining property is distributed to heirs or beneficiaries. Once all obligations are met, the estate is closed with a final accounting submitted to the court.

What Assets Go Through Probate?

• Require Probate:
  • Solely owned bank accounts
  • Real estate titled only in the deceased’s name
  • Personal items like vehicles and jewelry
• Bypass Probate:
  • Assets held in a trust
  • Jointly owned property with rights of survivorship
  • Accounts with designated beneficiaries, such as life insurance or retirement funds

Simplified Probate Options

North Carolina offers two simplified probate options for eligible estates. Summary administration is available when the surviving spouse is the sole heir, while administration by affidavit applies to estates valued at $20,000 or less ($30,000 if the spouse is the only beneficiary). These options help reduce time and paperwork for smaller estates.

Let Brady Cobin Law Group Help You with Probate

Probate doesn’t have to be overwhelming. Brady Cobin Law Group can help you through the process while ensuring compliance with North Carolina laws. Contact us at 919-782-3500 or online today to learn how we can assist you.