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The Will must be filed in the Superior Court in the county where the decedent lived. A Petition for Probate must be filed as well. This requests the appointment of an executor.

Unlike South Carolina and many other states, real property in North Carolina does not typically pass through probate. ... When a decedent dies testate (with a Will), upon probate of the Will, title to the decedent's non-survivorship real property becomes vested in the devisees of the will.

The Will must be filed in the Superior Court in the county where the decedent lived. A Petition for Probate must be filed as well. This requests the appointment of an executor.

Probate is the court-supervised legal process that gives someone the authority to handle an estate. Whether a person dies with or without a will, probate is the only way to get assets out of their name to pass those assets on. In North Carolina, the probate process is managed by the Clerk of Superior Court.

Put your property into joint tenancy with right of survivorship. Use payable on death (POD) or transfer on death (TOD) provisions. Properly update your life insurance and/or retirement account beneficiaries.

Within three months of her appointment, the executor must give the probate court an inventory of the estate's finances. The inventory identifies all property and assets of the estate at the time of death.

Under the very best circumstances, the estate administration process takes an average of 9-18 months, but death rarely brings out the best in people, so it often takes much longer to settle an estate. An example of just how long it can take to settle an estate was on display in Durham, North Carolina last month.

Within three months of her appointment, the executor must give the probate court an inventory of the estate's finances. The inventory identifies all property and assets of the estate at the time of death.

According to Bankrate, the probate process can take from six months to two years. The Estate Settlement website suggests a nine-month time line from reading the will to closing the estate. During this time, the executor must notify heirs, banks, the Social Security Administration, creditors and others of the death.

Executor's Percentage However, North Carolina's code does not guarantee a payment of five percent. A court clerk may allow up to this much, but only if she feels the difficulty of settling the estate warrants it. When someone dies without leaving a will and the court appoints an executor, this same procedure applies.

For example, the fee might be equal to 4 percent of the first $100,000 then decrease incrementally until it's just .5 percent of values over $9 million. The fee is sometimes a percentage of transactions made by the estate transactions that the executor handled rather than overall estate value.

For example, the fee might be equal to 4 percent of the first $100,000 then decrease incrementally until it's just .5 percent of values over $9 million. The fee is sometimes a percentage of transactions made by the estate transactions that the executor handled rather than overall estate value.

An executor of a will generally receives compensation for his work. Each state has laws that govern how an executor is paid. The executor is paid out of the probate estate, rather than from the pockets of the beneficiaries, and may be paid a percentage of the estate, a flat fee or a hourly rate, depending on state law.

In other states, an executor may charge an estate a percentage, a flat fee or an hourly fee based on the work performed. At the time of publication, the industry standard rate banks charge is 3 percent of the value of the estate.

The short answer is no although being a lay executor can be very time consuming and involved, there is no financial compensation for the hours spent on managing a deceased estate. ... The only exception is if a clause has been included in the will which specifically allows an executor to charge for their time.