Greensboro Probate Attorney

Below are the key steps involved in navigating the probate process:

1. Validation of the Will. If the deceased left a will, the first step in the probate process is filing it with the probate court. The court will then examine the will to confirm its authenticity and validity. This process helps ensure that the deceased’s wishes are honored. If the will is contested, a probate attorney can help defend its validity and guide the executor through any challenges that may arise. Our team can help you navigate these complexities and work to get the will accepted by the court.
2. Appraisal of the Estate. Once the will is validated, the estate must be appraised to determine its value. This step is crucial for calculating any taxes owed by the estate and for identifying all assets that need to be distributed. Our probate attorneys will help you gather the necessary documentation, coordinate with appraisers, and ensure all assets are accounted for in accordance with North Carolina law.
3. Notice to Creditors. After the estate’s value is determined, the next step is notifying creditors of the deceased’s passing. Creditors have the opportunity to file claims against the estate for any outstanding debts. The executor or administrator of the estate is responsible for reviewing these claims and paying off any valid debts. In some cases, creditors may contest or challenge the amount owed. We can help ensure the creditors’ claims are handled appropriately and fairly, helping you avoid unnecessary disputes.
4. Asset Distribution. Once all debts and taxes are settled, the remaining assets are ready to be distributed. If a valid will exists, the assets will be distributed according to the deceased’s instructions. In the absence of a will, North Carolina’s intestacy laws will dictate how the assets are divided among heirs. The probate process can be particularly challenging when there is no will, as the distribution is left to the state’s laws rather than the deceased’s wishes. Our attorneys can help make this process smoother by guiding the executor through the legal requirements, ensuring that assets are fairly and correctly distributed to the right heirs or beneficiaries.
5. Closing the Estate. Once all assets have been distributed, debts settled, and taxes paid, the final step in probate is the closure of the estate. The executor files a final accounting with the court, showing all actions taken during the probate process. The court will then officially close the estate. We assist executors throughout the closing process, ensuring all paperwork is filed correctly and in a timely manner. 

If no will exists, the probate process becomes more complex as the court will determine the estate’s distribution based on North Carolina’s laws of intestacy. This can lead to disputes and delays. In such situations, our firm is dedicated to helping families navigate these additional challenges, offering professional legal support to ensure the estate is handled fairly and in compliance with the law.