So what do I need to know about probate administration?

To put it simply, probate administration includes all the processes that occur with regard to someone’s estate after someones dies. These are just a few of the legal issues that are presented in the administration of someone’s estate:

-demonstrating the validity of a will -taking an inventory of real and personal property -making payments of debts as well as taxes -dispersing property through the will or intestacy.

In general, probate administration involves filing paperwork and court appearances by lawyers. Lawyers and court fees may be paid from estate property.

Is my state’s probate process the same as yours?

The states all have their own rules regarding probate. In North Carolina, for example, the process usually goes something like this: the executor files the necessary forms with the court. The executor validates the will (if there is one) and details the decedent’s property.

One of the many things that an executor may be responsible for is discovering and managing the assets in the estate through the probate administration. In this capacity, the executor may have to decide what to do with real estate.

Often times, the family of the decedent will need money from the estate for immediate support. In this situation, the family or executor can petition the court for release of funds for this purpose during the probate process. With the court’s permission, the executor may be authorized to pay off bills, debts, and taxes and disperse any residual property per the testator’s will.

Avoiding Probate

Once someone in your family has died, you as the surviving family member (in an administration) or named executor (in a probate) have the obligation to see that the estate is handled in the appropriate legal manner. There really is no way to avoid a probate or administration.

Probate and administration procedures are set out in NC Statutes. There are always costs associated, time constraints to follow and statutory guidelines that need to be followed.

North Carolina estate planning attorney, Sabrina Winters writes about various topics related to North Carolina estate planning and probate administration. When you are a surviving family or executor of a deceased loved one’s estate, talking with a probate and administration attorney is an important step in ensuring the estate is handled properly.