The Probate Process

Contact a lawyer in Raleigh NC for help if you’ve been named an executor.

Probate is the process of establishing that a deceased person’s Will is legitimate. Whether a Will is legitimate often depends on legal requirements. As part of the process, probate also determined whether or not the will was the decedent’s final Will. Sometimes, it’s best to work with a lawyer in Raleigh NC when dealing with a probate process.

Viewed in a broader range, probate refers to the entire procedure of the court-supervised management of an estate; from the initial probate of the will to the allocation of estate possessions. Also included is the official release of the personal representative. A personal representative, sometimes called an executor or administrator, could be named by a Will or a court can appoint one. To read more about the difference in executors and administrators, visit back with us on a future post.

Once an executor or administrator has permission from the court, they may engage in these next steps:

  • Post notices to beneficiaries/heirs, should the court require  it.
  • If the court requires a bong to secure the estate from losses, post a bond. This will ensure that no losses happen.
  • Prove the will’s authenticity, if needed. This can be done by showing witness statements.  A “self-proving affidavit” signed by the witness in front of a notary may be valid proof.
  • File other papers mandated by the court, including inventories, annual accountings and release by creditors.
  • Documents stating that the notice is documented correctly and mailed appropriately.
  • Apply for probate. Provide death certificate and will at the time of the application.
  • Contact the local newspaper about putting a note in about the probate and contact all creditors.

To learn more about the probate process, assistance on how to serve as executor, or for more details on how to administer an estate, contact our lawyer in Raleigh NC, at Klish and Eldreth PLLC. We are estate planning lawyers that can aid in helping you and your family makes the right choices for your loved ones. Also, check back with us on our next post, to talk more about executors and administrators.

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