Frequently Asked Questions About Probate

What is the Probate Process Meant To Do?

When a loved one passes away, many families and loved ones are at a loss for how to access financial accounts to pay last bills, funeral expenses or other taxes as well as understand how assets such as real estate can be maintained after death.  These questions are further complicated when legal jargon, court filings and legal forms are presented at the local Clerk’s office where legal advice and guidance are not available.   The process of probate or an estate administration is meant to file the deceased person’s last will and testament with the court and qualify the person that the deceased nominated within the will (often called an Executor or Personal representative) to allow permission to shore up any final business on behalf of the loved one.  The court then oversees that the correct persons (beneficiaries) are given their “fair” share of the estate after payment of creditors, taxes and the like, typically over the course of a year long time line.

This process can make the executor’s “head swim” with confusion and if one doesn’t have legal advisement and counsel, certain actions taken (or omitted) from the probate process can subject the individual to legal liability if they have paid a creditor of the estate out of turn, commingled funds of the deceased’s during the process or countless other activities.

At the Law Offices of Cheryl David, for the past 30 years, we have and continue to be committed to assisting and advising individuals through thie already emotional process of probate and estate administration.  We have the knowledge and processes in place to help administer your loved one’s estate with ease which will give you the peace of mind that all items have been completed in a legal and correct manner with the court.  Our office assists families with estates of all sizes and also represents clients who may live out of state when their loved one passed away as to their need for advisement in North Carolina processes. If we can be of service to you when a loved one passes away, we invite you to contact our office and make sure that you are going through the correct steps in order to give your loved one’s final wishes their due.

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