Process with a probate lawyer
Help from a Charlotte probate lawyer When coping with the death of a loved one, the last thing anyone wants is to have to deal with the probate process. This is why you need to have a probate attorney, whether you are making out your own will or are a beneficiary.
When someone dies, whether or not they have made out a will, most of their assets pass through probate. This is a process that is administrated by the clerk of the superior court of whatever county the person resided in at the time of death. In this process — which can take six to nine months, or sometimes a full year, and involve many expenses — a personal representative is appointed to handle the estate. If there is a will, the probate court determines if the will is valid. Forms relating to the assets must be filed in probate court. If there is no will, the assets of the deceased are distributed according to state law. The state may collect inheritance taxes or any outstanding taxes. Creditors may file claims against the estate. All of these are details that no grieving family wants to be confronted with.
Some assets, such as those held in trust, are not subject to probate, but creating a trust is also something an estate management attorney can help you with. Knowing which assets are part of the probate process and which assets are not is another area where good legal help is a must.
Probate lawyer in Charlotte NC
If you are the personal representative appointed to handle the estate, you will want a probate attorney, and choosing the right one can make all the difference. A good probate attorney will first see if there is any way to use a shortened form of the probate process in this case. This is often possible with small estates. In these cases, the client does not have to go through the entire probate process at all. Even if it turns out there is no way to do that, a good probate attorney will take care of all aspects of probate administration in his or her own office, so the client will never need to go to the courthouse. These aspects include distributing the assets of the deceased, paying creditors and other claimants, and filing papers with the clerk of court.
Robert C. Whitt, attorney at law, has been handling probate cases for more than 40 years. His office is in Mount Holly, NC, but also serves Charlotte and the surrounding counties and can deal with probate administration of an estate anywhere in North Carolina. If you are or may soon be in need of a probate attorney in North Carolina, call and make an appointment today.