Probate Process

When someone passes away in North Carolina, their estate typically goes through probate — a court-supervised process of validating the will, paying debts, and distributing assets. The executor (or administrator, if there's no will) has significant legal responsibilities and personal liability if they're not met properly.

Our attorneys handle estates of all sizes in Wayne County, guiding executors through each step and ensuring compliance with NC's strict deadlines and notice requirements.

Key Steps in NC Probate

• File the will with the Wayne County Clerk of Superior Court
• Qualify as executor — obtain Letters Testamentary
• Notify creditors — publish notice and send written notice to known creditors
• Inventory assets — file a complete inventory within 90 days
• Pay debts and taxes — including final income tax returns and any estate tax obligations
• Distribute assets according to the will or intestacy law
• File final accounting with the Clerk