When a loved one passes away, their estate often goes through a court-managed process called probate or estate administration where the assets of the deceased are managed and distributed. 

Probate is the process of validating a last will and following its instructions.

Estate administration is the process of settling the property of every deceased person by probate or, where there is no valid last will, by the law of intestate succession.

The goal of probate and estate administration is to honor the wishes of the deceased and to ensure a fair and lawful distribution of their legacy.

The length of time needed to complete the probate of an estate depends on the size and complexity of the estate and the local rules and schedule of the probate court. 

It is possible to settle small estates within 3 to 6 months after filing.

It is possible to settle medium estates within 6 to 9 months after filing.

It is possible to settle large estates within 9 to 12 months after filing. 

Some estates, both large and small, may necessarily remain open beyond the expected time frame in order to sell property, to resolve outstanding claims, or to deal with unexpected matters.

Almost every estate involves one or more surprise factors which are unanticipated at the time of filing and may extend the time and increase the cost necessary for closing the estate.

Every estate is unique, but most involve the following steps:

  • Filing of a petition with the proper probate court.
  • Notice to heirs under the Will or to statutory heirs (if no Will exists).
  • Petition to appoint Executor (in the case of a Will) or Administrator for the estate.
  • Inventory and appraisal of estate assets by Executor/Administrator.
  • Payment of estate debt to rightful creditors.
  • Sale of estate assets. 
  • Payment of estate taxes, if applicable.
  • Final distribution of assets to heirs.

At Probate Partners, our team provides a range of legal services aligned with the needs of our clients. When you hire us, you will always receive one-on-one client attention and representation that helps you get the best outcome for your legal situation. If you need legal representation in North Carolina, contact us at 828-252-0602 to schedule a consultation and get the advice and representation you need. 

Process

When a loved one passes away, their estate often goes through a court-managed process called probate or estate administration where the assets of the deceased are managed and distributed. 

Probate is the process of validating a last will and following its instructions.

Estate administration is the process of settling the property of every deceased person by probate or, where there is no valid last will, by the law of intestate succession.

The goal of probate and estate administration is to honor the wishes of the deceased and to ensure a fair and lawful distribution of their legacy.

The length of time needed to complete the probate of an estate depends on the size and complexity of the estate and the local rules and schedule of the probate court. 

It is possible to settle small estates within 3 to 6 months after filing.

It is possible to settle medium estates within 6 to 9 months after filing.

It is possible to settle large estates within 9 to 12 months after filing. 

Some estates, both large and small, may necessarily remain open beyond the expected time frame in order to sell property, to resolve outstanding claims, or to deal with unexpected matters.

Almost every estate involves one or more surprise factors which are unanticipated at the time of filing and may extend the time and increase the cost necessary for closing the estate.

Every estate is unique, but most involve the following steps:

  • Filing of a petition with the proper probate court.
  • Notice to heirs under the Will or to statutory heirs (if no Will exists).
  • Petition to appoint Executor (in the case of a Will) or Administrator for the estate.
  • Inventory and appraisal of estate assets by Executor/Administrator.
  • Payment of estate debt to rightful creditors.
  • Sale of estate assets. 
  • Payment of estate taxes, if applicable.
  • Final distribution of assets to heirs.

At Probate Partners, our team provides a range of legal services aligned with the needs of our clients. When you hire us, you will always receive one-on-one client attention and representation that helps you get the best outcome for your legal situation. If you need legal representation in North Carolina, contact us at 828-252-0602 to schedule a consultation and get the advice and representation you need.