Get NC AOC-E-850 2012

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.

North Carolina Small Estates Administration For qualifying estates, North Carolina small estates law provides a means for heirs to receive the decedent's property with minimal or no probate administration. ... If the sole heir is the surviving spouse, estates valued at less than $30,000 qualify.

North Carolina Summary: Under North Carolina statute, where as estate is valued at less than $20,000 ($30,000 if the affiant is a spouse and sole heir), an interested party may, thirty (30) days after the death of the decedent, issue a small estate affidavit to collect any debts owed to the decedent.

North Carolina Summary: Under North Carolina statute, where as estate is valued at less than $20,000 ($30,000 if the affiant is a spouse and sole heir), an interested party may, thirty (30) days after the death of the decedent, issue a small estate affidavit to collect any debts owed to the decedent.

But for estates in North Carolina that exceed the small estate's threshold, and for which there is either no Will, or a Will (but not a Living Trust), probate will be required before an estate can be tranferred to the decedent's heirs or beneficiaries. ... A Petition for Probate must be filed as well.

The probate process begins at the Clerk of Superior Court in the deceased's county of residence. An application is submitted to the clerk by either the executor/executrix named in a will or, if there is no will or the person named in the will is not able or willing to serve, a person qualified to be an administrator.

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.