FAQs

What is probate?

In North Carolina, probate is the court supervised process that involves resolving the outstanding debt of a deceased person and transferring the legal interest of a deceased person’s assets to their beneficiaries or heirs. Often, the word “probate” is interchangeably used with the words “estate administration.”

The court in the county in which the decease person resided supervises the probate process. Whether an individual dies without a will (intestate) or with a will (testate), probate assets have to go through this process before you beneficiaries or heirs may inherit the property.

When does probate begin?

Probate does not occur automatically when someone passes.  The process begins once the court appoints a personal representative of your estate. If the deceased person had a will, the personal representative is called an “executor” and is usually nominated in the will.  If the person did not have a will, then the personal representative is called an “administrator” and will likely be the next of kin or another person the family nominates. 

The personal representative is required to complete tasks such as: submitting the will and any codicils to the probate court, notifying all heirs, collecting and selling assets, preparing and filling inventories, resolving creditor claims, and handling tax returns.

How long does probate take?

Probate on average lasts about one (1) year. This time to fully administer your estate could be extended due to the size, nature, and complexity of your assets.

Can I inherit someone's debt after they die?

 Unless you decide to keep an asset that has a loan or other debt attached to it, then you do not inherit any debts from someone who has passed away. Additionally, a person’s debts do not “die with them.” Creditors seek to be repaid from the assets of the estate, not from any beneficiary or heir. The repayment of debts must take place prior to the beneficiaries or heirs receiving their inheritance.

If I die without a will, where do my assets go?

If you die without a will, state law determines who receives your property. This is referred to as intestate succession. Intestate succession is based on your next of kin. Only until it is determined that you do not have any living relatives does your property go to the state. In that instance the property will “escheat,” or become the property of the State of North Carolina, which is a rare occurrence.  A more common problem is that property that goes undiscovered will end up in the North Carolina Unclaimed Property Division, which holds over $1 billion in unclaimed funds.  After a few years, unclaimed property will also escheat to the state if it is not claimed.