Losing someone close is already hard. Sorting through their estate can feel like one more thing you’re not quite ready for. One of the first questions that comes up is simple—but important: Does this need to go through probate?
Probate is the court process that gives someone legal authority to manage and settle an estate—paying off any debts, distributing property, and confirming a will if one exists. At Trusts and Estates Law Group, we help families across the state make sense of what really needs to happen.
When Probate Is Usually Required
Probate typically comes into play when someone dies owning assets solely in their own name. That means there’s no co-owner, no beneficiary named, and no trust set up.
A few examples include:
Bank accounts held only in the person’s name
Real estate with no co-owner
Vehicles registered solely to the person who passed
Valuable personal property without a transfer plan
In these situations, the court needs to step in before anything can be legally transferred.
When It Might Not Be Needed
Some assets don’t require probate at all. For example:
Life insurance and retirement accounts with a named beneficiary
Property held jointly with someone else—especially with rights of survivorship
Assets placed into a trust
These pass automatically without the court getting involved.
An Easier Path for Small Estates
North Carolina also offers a simplified process for smaller estates. If everything the person owned is valued under $20,000—or under $30,000 when it all goes to a surviving spouse—you might be able to use something called “administration by affidavit.”
It’s a quicker, less formal option that skips the full probate process entirely.
Not Sure What to Do Next?
If you’re feeling unsure about whether probate is required or how to begin, we’re here to help. Reach out for clear answers and practical support. Call us at (919) 782-3500 or online to schedule a consultation. We’re ready when you are.
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