State Bar Of Texas Probate Forms In North Carolina
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FAQ
This Form (AOC-E-201) is used to start the process of settling a person's estate after they die (Probate). It's a request to make the Will and appointment of the Executor official and should be filled out by the Personal Representative.
Probate opens in the deceased's state of residence. You cannot move probate to your state. If the decedent owned property in other states, you must also open ancillary proceedings in those states. You may need to retain legal counsel in each state to help with ancillary probate.
Some states will not require probate at all under certain circumstances, such as a small estate that has no debts and no real estate to be distributed. To further complicate the matter, some states (like North Carolina) allow their threshold to be bypassed if the whole estate is transferred to a surviving spouse.
Probate laws differ depending on the state where the assets are held. Even if you and the deceased lived in the same state, they might have property elsewhere, leaving you with multiple probate cases to handle.
If you are unsure as to when probate is required in North Carolina, the firm of Donald R. Fuller, Jr., PLLC in Hickory can help. One exception to standard probate exists when the total value of a decedent's personal property (excluding real estate) does not exceed $20,000.
North Carolina Reciprocity North Carolina has reciprocity agreements with: AK, CO, CT, DC, GA, IL, IN, IA, KY, MA, MI, MN, MO, NE, NH, NY, ND, OH, OK, PA, TN, TX, UT, VT, WA, WV, WI, and WY.
Each state has its own set of laws governing the probate process. For example, in California, probate must be filed within 30 days of discovering the will, while in Texas, executors have up to four years to file.
For wills signed in another state, if the will's execution complied with the laws of the state where the person making the will was either physically present or where he or she lived, it will be deemed valid in North Carolina.
This raises an important question: Is my out-of-state will still legally valid when I move to North Carolina? The answer is generally 'yes'—as long as the document meets the basic requirements for a will under state law, it is valid.
If the will is valid in the state where drafted, it most likely is valid in a new state. If your witnesses were not sufficient or competent to serve as witnesses in your old state, your will is not valid in your new state.
