If you are creating an estate plan, or you just recently lost a loved one, you are going to come across the term “probate” many times. Probate is the legal process that administers the estate of an individual after they have passed. If you are going through the probate process, it is most likely that you are going through a grieving process, too. By working with an experienced probate attorney, like one of our team members here at Lassiter & Lassiter, we can guide you through the complex and emotional process of probate here in Statesville, North Carolina.
The probate process can be emotional, especially while you are grieving the loss of your loved one. At Lassiter & Lassiter, we have decades of experience helping North Carolina families through difficult processes like probate. We understand just how overwhelming times like these can be for anyone, which is why we are committed to guiding you through the process until it is finally complete. If you are going through probate and are looking for legal assistance that you can count on, do not hesitate to see how our attorneys can help you today.
Probate is the process of administering an individual’s estate after they have passed. In most cases, probate will follow the final wishes of the deceased that were laid out in an estate plan. If the deceased did not have an estate plan, then the court will have to divide property according to the default inheritance laws as determined in North Carolina.
The average probate process in North Carolina follows these general steps:
Because probate can become complex, having an experienced estate administration attorney on your side can help make the process a lot easier on you and everyone else involved. If you were chosen to be the executor of an estate and are not very familiar with the law, our team at Lassiter & Lassiter can guide you through the probate process. We have decades of experience working in estate planning and administration and are more than familiar with how probate goes. Whether you need assistance on how to properly distribute assets according to a will or you were assigned as an executor and are unsure of what to do next, working with our probate attorneys can help you immensely.
The probate process generally takes anywhere from a few months to a year or longer. The amount of time it takes to finalize probate will depend on the assets involved, the beneficiaries involved, whether there was a great deal of remaining debt the deceased owed, and more. Your probate attorney can give you a general estimate of the time needed to complete the probate process in your situation.
A probate lawyer is an attorney specializing in the probate and estate administration processes. They work to help executors perform their duties properly and find solutions to any legal issues that arise. Their guidance can be indispensable, as most executors are not familiar with the probate and estate administration processes.
In general, probate is required for anyone who owns property in their own name. This means that in most cases, probate is unavoidable in North Carolina. The only way to have your assets avoid probate is by putting them into a trust. Your estate planning attorney can help you determine the best way for your assets to avoid probate.
If there was no estate plan in place or will created by the deceased, then the probate process will continue while following the default laws of the state. This means that all property that is not claimed by the state to cover remaining debts will be divided according to inheritance laws.
If you were named the executor of an estate for someone who recently passed, you have a great deal of duties to take on. At Lassiter & Lassiter, we are prepared to help you through each aspect of the North Carolina probate process. To learn more about how we may be able to assist you, or for information on our different legal services, contact us today.
Call our office at 704-873-2295 or email us today.
Attorney Mike Lassiter grew up in Statesville, makes his living serving the people of Statesville and published a book capturing the changing landscape of small town life across North Carolina and Iredell County. His keen sense of history, dedication to the area and 30 years of legal experience make him an ideal attorney for your legal needs.
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