Denise Knows Probate! The death of a loved one is difficult for any family. At a time of sorrow and loss, the last thing any family wants to address is a legal issue. Unfortunately, after a death, it is necessary to focus on a legal issue – Probate. Probate in North Carolina is a necessary legal process to properly transfer a decedent’s assets to the decedent’s heirs and beneficiaries. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] What If There Is A Will? A common misconception about probate is that if you have a Will, your estate is not subject to probate. A Will is an important estate planning document, helping to transfer your assets to your intended beneficiaries. However, a Will in North Carolina does not avoid probate. Probate was created to ensure that estates are properly distributed. Probate is a court-supervised process. Having a court oversee the distribution of the estate is intended to safeguard that the estate will be distributed in accordance with the decedent’s intentions, subject to applicable law. If the decedent has a Will, probate is necessary to validate and implement the terms of the Will. North Carolina Probate Process In North Carolina, probate generally follows the following steps: 1. An application [AOC-E-201] To open probate in North Carolina an application has to be filled out and filed with the Clerk of Superior Court in the county of residence of the decedent. 2. At an initial court hearing, A person, known as the Executor or Administrator is appointed to administer the estate. 3. The Executor has various duties, including: Collecting the decedent’s assets; Notifying and paying valid liability claims to the decedent’s creditors (including paying taxes); Distributing the remaining assets of the decedent to the decedent’s beneficiaries (generally the beneficiaries named in the Will, if approved by the probate process); and Preparing a final accounting of all transactions completed by the estate. 4. At a final court hearing, If everything was successfully carried out, the probate is closed. How Long Will Probate Take In NC? A typical probate in North Carolina will take approximately six months to a year to complete. What If Real Estate Is Involved? In NC real estate does not have to go through probate unless the estate does not have enough funds to pay creditors and other fees. Even though real estate does not have to go through probate it is highly advised not to sell the real estate until after the notice to creditor's period has completed. Creditors have three months to present a claim against the estate. If the real estate is to be sold, it is important to find out if there are any liens against the property. If there are, the creditors who placed the lien on the property will need to file a claim against the estate within the three month period to ensure that they are paid. Even if the heirs are not planning on selling the home, it is still important to find out if there are any liens on the house. Because if there are liens against the property, the heirs could possibly become responsible for paying the liens off. If there are no liens against the property, the property has a “clear title”, so this allows the purchaser to acquire “clean title” to the real estate. No prudent purchaser will acquire real estate without receiving title insurance, and no title insurance company will issue a “clean” title insurance policy without first finding out if there are any liens on the property. There are ways to avoid the probate process in North Carolina. Property owned as joint tenancy with rights of survivorship can transfer to the surviving joint tenant without probate. In addition, property owned in a Living Trust can transfer to the designated beneficiaries under the Living Trust without probate. While these forms of ownership in North Carolina can avoid probate, having a Will by itself, does not avoid probate. If you need help guiding through the probate process in North Carolina, please call North Carolina Probate Solutions at 252-902-9006. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Denise Harper Davis Certified Probate Real Estate Specialist Licensed Realtor 252-902-9006 * NOTE: North Carolina Probate Solutions and the author of this article is not a licensed attorney or CPA. This post should not be considered legal or tax advice. Always consult an estate attorney or tax professional when needing legal answers and legal advice. Learn More About The Probate Process 7 Things you need to know: Inherited Property 24 Things You Need to Know About Selling a House in Probate in NC 11 Things an executor should know about probate 6 facts about the Affidavit for Collection of Personal Property in NC How to file probate in North Carolina without a lawyer

Denise Knows Probate! Selling an inherited home comes with a lot of responsibility. However, the probate sales process will go more smoothly and comfortably if you are prepared with the necessary information for any challenges that may come your way. No doubt, North Carolina has its own procedures for selling an inherited property. Keep reading to find out things you should know before selling your inherited home in NC. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Confirm you are the executor of the will. The executor or the court appointed administrator is the only person who may legally sell an inherited property, if it has been included in probate. You don’t want to spend much time and energy getting the property ready for sale just to find out that the will and last testament names someone else as executor or beneficiary. Thus, it is important that you find the decedent's will as quickly as possible. You may have to call the decedent's estate planning attorney if they used one or by searching through their possessions. You may need to check in dresser drawers, closets, cabinets or check to see if he had a safe deposit box at the bank. Most likely it will be tucked away in a place that the decedent felt was safe. Hopefully if there is a will, you will be able to locate it and identify if the decedent appointed an executor or not. If the decedent did not appoint an executor the clerk of superior court will appoint an administrator to handle the probate process. [Executor, administrator and personal representative all serve the same role. In the article we will use the term executor.] Create an inventory list. Another thing the executor will need to do is create an inventory list of all of the decedent's assets and debts. He will need to assign a value for each probate asset. If the decedent had debt that needs to be paid the assets may need to be sold to pay the debt, unless the family can afford to pay them and choose to do so. If the assets alone does not have enough value to cover the debt, the executor can petition the clerk of court to obtain permission to sell the property. In North Carolina the property does not have to be included in probate, unless there is not enough funds to pay the decedent's creditors off. If permission is granted by the court, the executor can have the house placed on the market. Once the house is sold the money will go into an estate account and used to pay the decedent's debt. It is the responsibility of the appointed executor to pay each debt. If there is no valid will, and there is money left over after paying the debt, the remaining funds will be distributed following North Carolina intestate succession regulations. You need to come to an agreement with other heirs. The fact that there may be multiple heirs with each having their own opinion about the property may cause a split amongst siblings. And sometimes other relatives can even further complicate the already difficult task of selling an inherited home by expressing their opinion. Some heirs may want to live in the house and maintain it, while others want to sell it and divide the proceeds. If everyone is not on one accord it can cause a delay with the probate proceedings. This is one of the things that may cause the closing to take months and sometimes even years before settling. Therefore, it’s essential to communicate with your co-heirs. Talk to them calmly about the various solutions available. If you wish to sell but your co-beneficiary wants to keep the house, purchasing their part of the property might prevent a protracted legal struggle or you may need to petition the courts for a partition. When you sell an inherited home, you will owe taxes. Amongst other things, capital gains taxes would apply to selling an inherited home. You will pay taxes on the difference between the property’s worth at the time of the inheritance and the sale price. Also, if you rented out the inherited home while you owned it, you may owe income taxes when you sell it. Making an inherited home your principal residence for at least two years can help you save money on capital gains when you eventually decide to sell the property. It is best to speak with a probate attorney or probate accountant to get the facts on capital gains taxes. Know the value and expenses of the home. Before deciding to sell, you should be aware of the inherited home’s value. Get an expert inspector to go over the house for you. Investigate whether the house is in good shape or requires significant work to make it livable. In addition, you should talk to a real estate agent to get an idea of the current market worth. If the home is included in probate it is important to get a real estate agent who is knowledgeable with the probate process. You should also be prepared to have the house cleaned. You may need to hire a junk removal company or professional house cleaners. This will help the house to sell quicker if it is presented in good livable condition. Also be prepared to hire someone to keep up the landscape and gardening while you wait for the house to be sold. The executor will be responsible for keeping the utilities on, paying vacant insurance if no one is living in the house and keeping the grass cut. In North Carolina, some counties will fine you if the grass is starting to grow too long. There are many other services that you may need to get the house ready to sell. Read our article called "24 Things you need to know about about selling a house in probate in NC". Yes, that is a long title but the article does cover other services that you truly may need before putting the house on the market. Once the house has been sold, the decedent's debt has been paid there are still more steps to take before closing out probate. We will discuss those in another article. North Carolina Probate Solutions When you work with us, we provide an umbrella of services that you will need to get through the probate process. Our goal is to make it a seamless experience for you. If you have any questions or want to learn more feel free to contact us. We would love to share our expertise with you! [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Denise Harper Davis Certified Probate Real Estate Specialist Licensed Realtor 252-902-9006 * NOTE: North Carolina Probate Solutions and the author of this article is not a licensed attorney or CPA. This post should not be considered legal or tax advice. Always consult an estate attorney or tax professional when needing legal answers and legal advice.

Denise Knows Probate! Things An Executor Should Know When someone passes away, their estate is subject to probate — a legal process that oversees the distribution of assets and payment of debts. The executor of the deceased's will is responsible for ensuring probate proceedings are carried out properly, but this can be an intimidating and complex task. As such, executors need to have a thorough understanding of the process. This guide will provide an overview of 11 things an executor should know about probate. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] 1: Secure the deceased person's assets Secure the deceased person's assets Before the start of probate proceedings, the executor should secure any assets owned by the deceased. This includes physical property such as vehicles, jewelry, and artwork; financial accounts like checking and savings; stocks and bonds; life insurance policies; retirement fund distributions; business interests; and real estate holdings. By doing this, the executor can ensure that valuable items are preserved, and assets are not misused. 2: Gather important documents Gather important documents The executor should gather essential documents related to the deceased's estate, such as their will, deeds, insurance policies, bank statements, investment accounts, tax returns, trust agreements, vehicle registration papers, and other vital documents. Having these documents in order will make the probate process straightforward. 3: Identify creditors and debt holders Identify creditors and debt holders when probating an estate. it's essential to identify any creditors or debt holders that the deceased may have had. These include mortgage lenders, credit cards, loans, overdue rent payments, and medical bills. The executor should communicate with these entities to ensure that all debts are paid off before assets are distributed to heirs and beneficiaries. 4: Notify beneficiaries The executor should also notify any named beneficiaries of the will to ensure they know their rights regarding the deceased's estate. This could involve sending letters, emails, or making phone calls — whatever is most appropriate for each beneficiary. 5: Get a copy of the will Get a copy of the will and file it with the court The executor should obtain a copy of the will and file it with the local probate court. This is necessary to begin the probate process. As executor, you are responsible for ensuring that the court receives a copy of the will and all related documents promptly. Most times, even if probate isn't required, the will must still be filed with the court. 6: Handle taxes Handle taxes another essential role of the executor is to ensure that all applicable taxes are paid. This includes filing any returns for the deceased at the beginning of the new year, determining whether estate taxes are owed, and making all payments on time. In some circumstances, if the estate is large enough, federal and state estate taxes may have to be paid. 7: Distribute assets Once all of the paperwork is sorted out, and debts are paid, it's time for the executor to distribute the deceased's assets in accordance with their wishes. The executor must be sure that all named beneficiaries receive what they were promised in a timely manner and that all assets are distributed as the deceased specified in the will. 8: Resolve disputes Unfortunately, probate proceedings can become complicated when beneficiaries disagree over the terms of the will. If this happens, it's up to the executor to do their best to resolve any disputes without having to bring the matter before a court. This may require some creative problem-solving skills and lots of patience. If the executor can not resolve the issues then it is best to get a probate attorney involved. 9: Sort out digital assets In today's digital world, the executor must also deal with the deceased's digital assets. This could include social media accounts, online storage services, cryptocurrency wallets, and other digital property. The executor should ensure that any digital content belonging to the deceased is secured and managed in a way that honors their wishes. 10: Seek legal advice When in doubt, the executor should seek legal counsel to help them navigate any tricky situations. A probate lawyer can provide invaluable guidance and support throughout the process. Don't be afraid to reach out when needed — it's better to be safe than sorry. Although using a lawyer to file probate in North Carolina is not required, it is highly suggested that you do so. However, if you are determined to do it on your own we have written an article called "How to file probate in North Carolina without a lawyer" to help you. 11: Take care of yourself Finally, the executor needs to take care of themselves during what can be a long and stressful process. Remember to carve out time for self-care, and make sure to enlist help from family or friends if you feel overwhelmed. Probating an estate is not easy, especially while dealing with loss, but there are plenty of resources available to make the process smoother. [You may also want to read "How to create a probate inventory list."] FAQs regarding the role of an executor As an executor, it isn't uncommon to have questions. Here are some of the most common FAQs: Q1: How long does the executor have to settle an estate? A1: The time required to settle an estate can vary depending on the case's complexity. Most estates are settled within a year, but it could take longer. Q2: Can an executor be held liable for mistakes? A2: An executor can be held liable for mistakes made during the probate process. That's why it's so important to make sure you understand your role and responsibilities before beginning the probate process. If you are unsure about anything, it's always best to seek legal advice. Q3: Does an executor get paid? A3: In most cases, the executor is entitled to receive compensation for their services. The amount of compensation is determined by various factors, such as the size and complexity of the estate, the amount of work involved, and how long it takes to settle the estate. Q4: Can an executor be removed? A4: Yes, in some cases, an executor can be removed if they do not perform their duties satisfactorily. The court will ultimately decide whether or not to remove the executor based on the evidence presented. These are just a few frequently asked questions about the role and responsibilities of an executor. With the proper guidance and support, you can be sure to carry out your duties with confidence. Final Thoughts Executors play a vital role in the probate process, but it's not to be taken lightly. Being an executor requires a great deal of dedication and attention to detail — and unfortunately, it can be time-consuming and stressful. That's why executors need to have a support system to help them navigate the process. North Carolina Probate Solutions Here at North Carolina Probate Solutions, we offer free consultations for executors to help answer any questions or concerns you may have. We also coordinate an umbrella of services to ensure that the probate process is completed quickly and efficiently. If you have any questions or need additional advice and guidance, please feel free to contact Denise. She'll be more than happy to help. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Denise Harper Davis Certified Probate Real Estate Specialist Licensed Realtor 252-902-9006 * NOTE: North Carolina Probate Solutions and the author of this article is not a licensed attorney or CPA. This post should not be considered legal or tax advice. Always consult an estate attorney or tax professional when needing legal answers and legal advice. Other Articles You May Want To Read: 5 Things You Need To Know Before Selling Your Inherited Home in NC Property Issues Probate Terminology Probate Frequently Ask Questions North Carolina Probate Forms Where To File Probate In NC

Denise Knows Probate! North Carolina Probate Process In North Carolina, it is not required that real estate be included in probate. However, if money is needed to pay off the decedent's debt the executor can petition the clerk of superior court for the sale of the property. If the clerk of superior court sees valid reasoning to sell the house he can order the house to be included in probate and sold. Once the house is sold the money will be placed in an estate account and then used to pay the decedent's debts and expenses. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Pssst.....Can you do a favor for me? Can you help grow my youtube channel by subscribing? I would really appreciate it. Thanks! Before Selling A House In Probate Before selling the house there are at least 24 services that may be needed to get the house ready to be placed on the market. In this article, we will discuss what each one is. Services You May Need To Sell A House In Probate 1. Probate Attorneys You may need to consult with a probate attorney to understand the legal process of selling the house. The reason you will want to consult with a probate attorney is because he will have an understanding of the requirements for selling a house in probate. Also if there is more than one heir, the attorney can help with any disputes that may arise. They can also ensure that paperwork is correctly filled out and filed with the Clerk of Court. 2. Estate Accountants An estate accountant can help to prepare the financial statements that are required for the sale of a house in probate. The accountant will also be able to provide advice on any tax implications related to selling the home. 3. Probate Real Estate Agent A probate real estate agent is an agent who specializes in selling houses in probate. They can provide valuable insight into the market, create a comparative market analysis report, and will also be able to handle all of the paperwork related to the sale. A certified probate real estate agent will have a good understanding of the probate process, timeline, and the necessary steps and actions that you will need to take to complete the probate proceedings. If needed, She will also be able to put you in contact with other professionals to bring you the help you need. 4. Property Appraisers An appraiser will determine a fair market value for the house. This information is needed to ensure that you receive a fair price for the house when it is sold. 5. Personal property appraiser If there is any personal property in the house such as valuable jewelry or paintings, it will need to be appraised as well. This is important for setting an accurate value for the decedent's assets. 6. Home Inspectors A home inspector should inspect the condition of the house before it goes on the market. This will help potential buyers see that there are no major issues with the property, which could affect its value when it comes time to close on a purchase agreement. 7. Estate Sale An estate sale is a sale of items that were in the house when it was placed in probate. This can be a great way to get rid of any unwanted items and free up space for potential buyers to see how they could use the home. 8. Junk Removal Company After the estate sale there may still be items left in the home. A junk removal company can be hired to remove any items that are not wanted in the home. 9. Repairs and Maintenance You may need to make some repairs or perform maintenance on the house before selling it. Any repairs or renovations should be done before placing the house on the market to aide in getting the highest price possible for the house. 10. Cleaning Services Before potential buyers view a house, it should be cleaned from top to bottom. This will help buyers better imagine what it would be like living in the home. 11. Staging Company A staging company can come in and set up furniture for potential buyers to visualize how each room would look furnished. It is also a known fact that properly staged homes brings in higher offers than an empty house. 12. Auction House Some things may be required to be auctioned off. An auction house can be used to sell a house in probate. The clerk of superior courts would need to give permission for the home to be sold this way. 13. Utility Companies You want to make sure that utilities are left on while the house is waiting to be sold. When potential buyers come to see the house they will need to have lights on so they can get a true feel for the house. Also, inspectors will need the lights to be on as well. If there are still active utility accounts associated with the house after it has been sold, those accounts must be closed or transferred to the new owners. 14. Surveyor A surveyor will be needed to inspect the boundaries of the land that is associated with the house. This is important for buyers to understand exactly what they are purchasing and for any legal issues to be addressed before closing on a sale agreement. 15. Trash Removal After all of the items have been removed from the house, a trash removal company should be hired to remove any debris or items that are left behind. This will make sure that the home is ready for potential buyers to view it. 16. Landscape and Gardeners A landscaper or gardener should inspect and maintain any outdoor areas that are associated with the house. Keeping these areas clean and well-maintained will make them more attractive to potential buyers. 17. Have the house measured Having the house measured is important to determine the exact square footage of the home. This will help buyers understand exactly how much space they are getting when they purchase the home. 18. Moving Companies It may be necessary to hire a moving company when it comes time to move out of the home. This should be done after all of the paperwork has been completed and the sale is finalized. 19. Storage Units If some items are not going to sold, it may be necessary to rent a storage unit. This can help keep things organized and out of the way while the house is being sold. 20. Donation Center Some items that are in the house may not be wanted by potential buyers or heirs. A donation center can be used to donate those items and help a charity at the same time. 21. Animal Adoption The decedent may have had pets that will now need a new home. An animal adoption center can be used to make sure that any animals are given a loving home. 22. Vacant Property Insurance If the house is going to be vacant for an extended period of time while it is waiting to be sold, vacant property insurance should be purchased. This will help protect the house in case of any damagesI that may occur while it is vacant. 23. Locksmith It may be necessary to hire a locksmith to change any locks on the house. This will help ensure that only authorized people have access to the home while it is being sold. 24. Probate Security Bond If the executor makes a mistake it could cause financial harm to the estate, heirs, and beneficiaries. A probate security bond will help protect against any such mistakes. These are the 24 services that you are likely to use when selling a probate home. The goal is to get the home prepared to be placed on the market and to get you the highest price possible so the decedent's debts can be paid and any additional money can be passed to the heirs or beneficiaries. Sold As Is In some cases, a home in probate may be sold as is. This means that no repairs or updates need to be done before the house is sold. The executor will be responsible for disclosing all of the known issues so potential buyers can purchase the home with full knowledge of any defects or repairs that may be necessary. Selling a house in probate can take some time and require certain services. It is important to understand what needs to be done in order to get the best price possible for the home. Having a list of services and understanding their purpose can help ensure that everything is done correctly and efficiently. With careful planning, a timely and profitable sale can be achieved. It's Not Just About The Money The most important thing to remember when selling a house in probate is that it’s not just about the money - it’s also about honoring the wishes of the decedent. It is important to keep this in mind throughout the entire process and make sure that their wishes are respected. Selling a house in probate can be an emotional and difficult process, but with some preparation, it can go smoothly. North Carolina Probate Solutions If you are trying to coordinate the sale of a home in probate I'm sure you have felt the stress of it. North Carolina Probate Solutions takes this workload off of its clients by coordinating everything mentioned above from start to finish for them. We keep you updated throughout the entire process so you know exactly where you stand in the process. If you have any questions or would like a free consultation please give us a call. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Denise Harper Davis Certified Probate Real Estate Specialist Licensed Realtor 252-902-9006 * NOTE: North Carolina Probate Solutions and the author of this article is not a licensed attorney or CPA. This post should not be considered legal or tax advice. Always consult an estate attorney or tax professional when needing legal answers and legal advice.

Denise Knows Probate! If you have inherited property and you are considering selling it, you must first understand whether or not you have the legal rights to sell the home. It's also important that you understand your responsibilities once the house is sold. We will share with you 7 important things that you need to know before selling your inherited property. You May Not Be Able to Sell Inherited Property Right Away Many people are unaware of the probate process when it comes to inherited property. And often, a person thinks that because they have inherited a house they can sell it at any point. However, this is not always the case. Although in North Carolina real estate does not have to go through probate there is still a chance that the house may have to be included in probate and sold. The monies from the sale of the home would go into an estate account and be used to pay expenses and debts belonging to the decedent, if it is decided that there are not enough funds to pay off the decedent's debts. After paying the decedent's expenses and debts if there is money remaining it would go to the heirs and/or beneficiaries unless a will says otherwise. Understanding The Probate Process Probate is a legal process in which a court oversees the distribution of assets and liabilities from a deceased person's estate. It can take several months to complete. In most cases, the inherited property can be sold before the completion of probate. However, the executor or administrator will decide whether or not the money from the sale of the home needs to be used to pay off debt or not. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Understanding Whose In Charge In most cases, the executor of the estate will be responsible for overseeing the sale and settlement of an inherited home. The probate process begins with a petition filed in court by the executor that contains information regarding the deceased's assets, debts, and a will, if the deceased person had one. The court will then review the petition and determine whether or not it is valid before granting authority to proceed with selling the home. It is the executor's responsibility to ensure that the home is sold for fair value and in a timely manner. They also have to ensure that all proceeds from the sale of the inherited property are distributed according to the decedent's will or Trust. You May Need To Fix The House Up Before Listing It Inherited property is often outdated, and may require some repairs or renovations before it can be sold. Before you put your inherited property on the market, consult with a real estate agent to receive an estimate of what you will likely get for it when you sell it. This gives you an idea of whether or not selling the home makes financial sense. Capital Gains Taxes Another thing to consider with selling inherited property is capital gains taxes. Capital gains taxes are imposed when an Inherited Property is sold for more than the purchase price, so it's important to understand this before selling. Consulting a tax professional or attorney can help you better understand any taxes that may be imposed when selling Inherited Property. Here are two examples of how to calculate capital gains taxes. Example #1: Selling at Market Value The original owner purchases a home in North Carolina for $200,000. The market value of that house increases to $250,000 at the time of the owner’s death. You will pay $0 against the capital gain tax if you sell the property at the same market value of $250,000. Example #2: Selling Above Market Value The original owner purchases a home in North Carolina for $200,000. The market value of that house increases to $250,000 at the time of the owner’s death. You decide to sell it for $300,000. You will pay a capital gain tax of $50,000 if you sell the property at the best value of $300,000, which is over the market value of $250,000. Who You Should Consult With When selling an inherited property, it is best to consult with a qualified attorney who can advise you on the legalities involved with probating and distributing assets from an estate. They can help you understand your rights and responsibilities when it comes to Inherited Property. You will also want to consult with an accountant or tax professional to understand any applicable capital gains taxes that may be due when selling Inherited Property. Last but not least, you should consult with a real estate agent who is experienced in handling probate and Inherited Properties. They will be able to provide you with invaluable guidance and advice throughout the process of selling Inherited Property. How North Carolina Probate Solutions Can Help You Whether it's selling your inherited home or helping you to navigate through the probate process our services are designed to help put everything in place for you. We partner with the best probate attorneys, contractors, trash/junk removal companies, estate sales companies, inspectors, lawn and landscape companies, and many more. Anything you need to make the probate process move forward smoothly, we can put it in place for you. Whether the home needs to be staged, photographed/video, or cleaned out we will get the home ready to be placed on the market and sold for the highest price possible. Other Services and Professionals You May need: Appraisers Inspectors House stagers Housekeeping Someone to measure the house Lawn care vacant insurance Donation Centers Landscape and Gardening Estate Sale Contractors Movers Surveyors Animal Adoption When You Use Our Service We Coordinate It All For You! By understanding Inherited Property, you will protect yourself from any legal ramifications down the road and ensure that everything is handled properly. With careful planning and foresight, you can successfully sell Inherited Property with no stress or complications. And we are here to help you. If you have any questions or would like a free consultation please give us a call. We would love to assist you and lay out a plan for you that will leave you worry-free. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Denise Harper Davis Certified Probate Real Estate Specialist Licensed Realtor 252-902-9006 * NOTE: North Carolina Probate Solutions and the author of this article is not a licensed attorney or CPA. This post should not be considered legal or tax advice. Always consult an estate attorney or tax professional when needing legal answers and legal advice.

Denise Knows Probate! Can You Avoid Probate in North Carolina? Hallmarked by being potentially expensive and lengthy, probate is a process that many families of a deceased loved one experience. The probate process, while daunting, may be able to be avoided in the state of North Carolina. What is Probate? Probate is the legal process of distributing a deceased person’s estate through the court system. When a person dies, the court will be the governing body. If the person who passed away has left a will, then the distribution of their assets will be under their terms. However, even with a will if the decedent's had assets in his name alone these things will still have to go through probate before being distributed to heirs and beneficiaries. However, if a person dies intestate, or without a will, the court will appoint an administrator to oversee the distribution of assets based on guidelines put forth by the state of North Carolina. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Which assets don't have to pass through probate? Some assets do not have to pass through the probate process in order to be transferred to the beneficiary. In general, the following assets do not pass through probate: ● Property that is within a living trust. ● Life insurance proceeds. ● Payable-on-death bank accounts. ● Joint bank accounts that have a right of survivorship. ● Securities that are held in a transfer-on-death account. ● Property owned in joint tenancy. ● Funds in an IRA, 401K, or retirement account. How to Avoid Probate in North Carolina After a person has died, the probate court will ensure that assets are distributed legally to the appropriate individuals. The probate process, which could be expensive and time-consuming, can be emotionally taxing for families and loved ones who are grieving. Speaking with an experienced lawyer in North Carolina can help you understand the intricacies of probate, as well as assess your own unique situation to determine if avoiding probate is a possibility. Some ways you may be able to avoid probate are listed below. Joint with Right of Survivorship Joint ownership, which is common among married couples, provides a relatively simple way for retitling assets. However, property and assets would need to be owned with the right of survivorship designation. Assets that are typically joint-owned may include bank accounts, vehicles, and real estate. Trusts Control of your property can be transferred to a trust, which is a separate entity. Certain property can be placed within the trust, such as bank accounts and real estate. Once you pass away, the trust will be given to the individual you named as the trust successor. The trust successor will then distribute the property based on your wishes and in compliance with state guidelines. Payable-on-Death Designation A payable-on-death designation grants all the money in your bank account to the beneficiary you have named following your death. The beneficiary that has been named will not have any control over the money until you pass away. Consult a Probate Professional in North Carolina The probate process can be costly and time-consuming, as well as create an additional hurdle for grieving families. However, avoiding probate can be complicated and require the knowledge of a probate specialist to navigate the process with minimal disruptions. Consulting a probate professional in North Carolina can help you assess your own unique circumstances to determine if you will be able to avoid probate. If you find yourself having any additional questions or need assistance with putting your inherited home on the market to sell, feel free to reach out to us. We would be happy to share our expertise with you. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Denise Harper Davis Certified Probate Real Estate Specialist Licensed Realtor 252-902-9006 * NOTE: North Carolina Probate Solutions and the author of this article is not a licensed attorney or CPA. This post should not be considered legal or tax advice. Always consult an estate attorney or tax professional when needing legal answers and legal advice. To Learn more about the probate process 6 facts about the Affidavit for Collection of Personal Property in NC

Probate requires that the executor/administrator create an inventory list showing the assets of the decedent (the person who died). This is a crucial part of the probate process. This is because it helps the probate court determine which assets should be included in the estate, the value of the assets and it also ensures that all beneficiaries and heirs will receive their full or partial inheritance. Creditors will also want to be paid out of the estate, so it’s important to make sure that all assets are accurately listed and valued. Denise Knows Probate! The Probate Inventory Form The probate inventory form is the document used to create an inventory list of the deceased’s assets. It can be found online, at the clerk of superior court, or provided by an estate planning attorney, you can also find some of the forms here on this website. North Carolina Inventory Form In North Carolina, if you are attempting to create an inventory of the deceased assets, you will use form AOC-E-505. You want to be sure to fill out this form carefully and include the following information The decedent’s county of residence The decedent’s name Any accounts in the sole name of the decedent and their value Any joint accounts, the percentage the decedent owned, and their value Any stocks and bonds in the name of the decedent, the percentage they owned, and their value The value of cash or any undeposited checks the decedent had The decedent’s personal property, such as vehicles, equipment, and household furnishings, and their value Any real estate, sold and unsold, willed to the estate and its value In North Carolina, the 90 day inventory form should be turned in to the Probate Court within three months of being appointed personal representative. The form will also ask for specific information about each asset such as its fair market value and any associated debts or liens. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] What Assets will be included in the List? The estate inventory should include all of the decedent's assets, such as property, vehicles, checking accounts, savings accounts, investments and investment properties, brokerage accounts, and other financial assets on the AOC-E-505 form. It should also include household items. However, each household item does not need to be listed individually. For example, it is ok to say dining room furniture instead of saying kitchen chairs, kitchen table, etc. Keep in mind that only assets owned solely by the decedent will be included. Items jointly owned by another person may need to be listed if the estate does not have enough funds to pay creditors off. Where to find the assets? It may not always be easy to find all of the decedent's assets, but it is very important to find all or as much as possible of the estate inventory. Begin by looking in dresser drawers, closets, table drawers, and cabinets for documents that may identify personal possessions. Also, keep an eye on the mail that arrives. Look out for statements from banks, stocks, bonds, and retirement plans. Look at the decedent's estate planning documents if any. You can also go to the registrar's of deed website and check for any property that may be in the decedent's name or if the decedent had an attorney, check with that attorney to see if he knows of the decedent's personal belongings. If there is jewelry or antiques included in the estate inventory, have it appraised to see if there is any value to it. Also if anyone owed the decedent money you may need to ask them to pay. Check with the decedent's bank to see if he had a safe deposit box. He could have left valuable items in it. How to determine the value of the probate assets To accurately list the value of each probate asset, it is important to obtain a fair market appraisal. This can be done by hiring an appraiser or using online resources such as Zillow or Redfin. A licensed real estate agent will be able to perform a comparative market analysis report on the property. This report will give you an estimate of the value of the property. To determine the value of bank accounts and investments, you can check statements provided by the financial institution. The Probate Court’s Role When an executor completes the probate Inventory it should include a detailed listing of all probate assets and must be submitted to the probate court along with other documents related to the estate. Once the probate court has received the probate Inventory list, they will review it and make sure that all of the assets are accurately listed. They may also order an appraiser to verify certain items or consult with other financial professionals if necessary. Once the probate court is satisfied that all assets have been accurately listed, they will approve the probate Inventory and the probate process can begin. This is an important step in ensuring that all beneficiaries receive their inheritance and creditors are paid out of the estate. It is also crucial for ensuring an efficient Probate process. The executor's role It is the executor's job and responsibility to liquidate as many of the assets as possible. This can be done by selling the assets or transferring them to beneficiaries. The probate court will also review all of the proposed transfers to make sure that they are in line with the probate Code and the requirements of the Probate Inventory. Once the assets have been liquidated whatever monies that are remaining will be distributed to the beneficiaries and heirs, according to the wishes of the deceased. The probate court will review this distribution as well and make sure that it is within the Probate Code. Conclusion Creating an accurate probate Inventory list is an important step in ensuring that all probate assets are accounted for and transferred correctly. We understand that this can be a tedious and stressful time for those involved, and we are here to help. With our knowledge and expertise, we can ensure that all Probate Inventory forms are completed correctly and submitted in a timely manner. If you find yourself having any additional questions or need assistance with creating an inventory list feel free to reach out to us. We would be happy to share our expertise with you. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Denise Harper Davis Certified Probate Real Estate Specialist Licensed Realtor 252-902-9006 * NOTE: North Carolina Probate Solutions and the author of this article is not a licensed attorney or CPA. This post should not be considered legal or tax advice. Always consult an estate attorney or tax professional when needing legal answers, guidance or advice.

Denise Knows Probate! The probate process can seem complicated and overwhelming, especially if you don’t have much legal experience. As a probate executor or administrator, one of your primary duties is to manage the decedent's (The person who died) assets. This guide provides an overview of the probate process and which assets can and cannot enter into probate. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Overview of the Probate Process (what it is and why it’s important to understand) The probate process is a legal procedure that is meant to ensure the orderly distribution of a deceased individual’s assets and responsibilities. It is important to understand the probate process since it can help ensure that your loved one's wishes are carried out in the way he or she would have wanted. The probate court oversees the administration of an estate or all of the assets and obligations left by someone after they have passed away. The process involves several steps, including identifying and collecting assets, paying any debts, taxes, and other expenses, and distributing assets according to the will or state law if there is no will. Petitioning The Court The first step in the probate process is for a petition to be made to the Clerk of Superior Court for probate to be filed. This petition must include certain information about the decedent, including their name and address, date of death, names of heirs and beneficiaries of the estate, as well as a description of any property owned by them at death. Once this petition is filed with the court, it must be approved by a judge before any further action can take place. Once approved by the court, notice must then be given to all creditors who may have claims against the estate so they are aware of their right to make claims against it. The court will be making sure that the assets of the estate are passed on to their rightful beneficiaries or inheritors, honoring the decedent's legacy and providing a sense of peace to all involved. In North Carolina probate is handled by the Clerk of Superior Court in each county. Estate Creditors Creditors then have a certain period in which they may file claims against the estate before they are forever barred from doing so. Once all bills have been paid and creditors are satisfied with their settlements from the estate (if applicable), any remaining assets will be distributed among heirs and beneficiaries according to either the provisions outlined in a valid will or state law dictating how assets should be divided up when there is no will. Now that we have given a review of the probate process let's discuss which assets can be included in probate in North Carolina. Which Assets Are Included In Probate? In North Carolina probate law, probate assets include any assets solely owned by the decedent at death, this includes personal property such as bank accounts, investments, stocks and bonds it also includes household items such as furniture, jewelry, and art. Automobile, boats and unconventional vehicles In some states, houses and land may be included in probate. However, according to the North Carolina Judicial Branch, "in North Carolina Land and houses generally are not administered through the probate estate unless the will provides otherwise or the sale of these assets is needed to pay estate debts." North Carolina Inventory List If you are filing probate in North Carolina you will need to create an inventory list of the decedent's assets that must be included in probate. This list should include all probate assets listed above. The inventory list will also need to show the market value of each asset listed. If the value of the assets is not enough to pay off creditors, the executor/administrator may petition the courts to sell the decedent's real estate. Once the house or land is sold the money will be used to pay off the deceased person's debts. The article: How To Create a Probate Inventory List, will give you guidance on completing the inventory list Probate Court During the probate court proceeding the probate judge will assess the inventory list and decide which assets are subject to probate. So it is important for the personal representative to understand the legal process and which assets are probate assets and which ones are not. If it is determined that the estate does not have enough funds to pay off creditors the probate court may order the assets to be sold to pay off the decedent's debts. If the assets are ordered to be sold to pay off creditors, taxes, etc., whatever funds are left over will be passed down to the heirs or beneficiaries. If there are not any funds left over after paying off the estate debts the heirs/beneficiaries will not receive anything. Which Assets Are Non Probate Assets? Nonprobate assets include any assets that are subject to a third party's control or ownership. Examples of nonprobate assets include: - Assets held in living trusts - Retirement accounts such as 401ks, IRAs, Roths, and SEPs - Life insurance policies with designated beneficiaries - Jointly owned assets with right of survivorship - Payable on death (POD) accounts - Transfer on death (TOD) accounts Your Loved One's Assets The purpose of this article is to help you understand what may happen to your loved one's assets and what to expect during the probate process. Also, If you find yourself needing legal assistance during this time, we can connect you with a probate attorney who can help ensure that your probate process is managed correctly. North Carolina Probate Solutions We can help you go through probate with confidence and peace of mind. Estate administration also known as probate can feel overwhelming. The attorneys can help you take care of the legal side, but we help take care of the non-legal side, which can sometimes feel like a weight to carry. We are here to help lighten the load. We can assist you in filing your paperwork with the court to start the process, we will help you stay organized and keep you updated. We will also help you in finding an attorney, appraiser, contractor, inspector, filing taxes with an accountant, or whatever professional service you may need to help settle the estate. If real estate is involved we can help you get the property ready to be placed on the market or sold for a quick cash sale. We can even help you learn how to avoid probate. Real Estate Is Our Specialty When it comes to selling property that is our specialty. Whether the property needs to be cleaned out, landscaped, maintained, trash hauled away, or sold we can help get the job done. When it comes to selling probate property you really need a real estate agent who understands the probate process and timeline. Working with a agent who is unfamiliar with the process could cost you time and money. Sometimes, selling probate property is not handled like traditional real estate sales. This is why it is important to get a real estate agent who knows probate and what to do. Lets Talk It may be beneficial to have a free consultation with North Carolina Probate Solutions to find out how we can help you. If you have any questions or need additional advice and guidance please feel free to reach out to us. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Denise Harper Davis Certified Probate Real Estate Specialist License Realtor 252-902-9006 * NOTE: North Carolina Probate Solutions and the author of this article is not a licensed attorney or CPA. This post should not be considered legal or tax advice. Always consult an estate attorney or tax professional when needing legal answers, guidance or advice.

Denise Knows Probate! Probate Process in North Carolina Going through the probate process in North Carolina can be complicated, but there is professional help available to guide you through it. Even with the right knowledge and preparation, probate can still be a lengthy process. The North Carolina probate process can generally take six to twelve months from the time of death to settle the estate in North Carolina, but it may take longer depending on the complexity of the estate and whether any disputes arise. In this blog post, we will discuss what probate is and the probate process in North Carolina. We will explain the roles of the personal representative, creditors, beneficiaries, and heirs. We will also discuss common probate issues that arise in North Carolina such as will contests, family property disputes, and surviving spouse rights. We’ll also provide you tips on how to make the probate process easier when filing in North Carolina. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Pssst....Can you do me a favor? Can you help grow my youtube channel by subscribing? I would really appreciate it. Thanks! What is probate and why is it necessary in North Carolina The North Carolina Probate process is a legal process of settling an individual's estate after they have passed away. In North Carolina, after the decedent's assets have been inventoried, the Clerk of Superior Court oversees the probate process to ensure that the decedent's debts are paid, tax liabilities are taken care of, and assets and property and any remaining funds are distributed according to the decedent's wishes. Probate is an essential part of handling someone's affairs after their death, and helps to ensure that the decedent's wishes are actually and accurately being distributed. Probate may be as simple as a few documents that must be filed with the Clerk of Superior Court at a county level, or it may involve more complicated court proceedings depending on the complexity of the decedent's financial and legal situation. It is highly advised that you use the help of an experienced probate attorney to help you with filing probate. However, If you are thinking about filing probate without the help of a lawyer, we have written this article to help guide you: "How to file probate in North Carolina without a lawyer." North Carolina law – roles of the personal representative, creditors, beneficiaries and others. It is important to understand the terminology and the roles of those involved in probate proceedings. So we will explain what each one is. Decedent - The person who has passed away. Executor - The Executor is a person appointed in the will to handle probate proceedings. If the person appointed is a female then she would be considered the executrix. Administrator - If there is no executor appointed in the will then the Clerk of Superior Court will appoint an administrator to handle probate proceedings. if the person is a female her title would be administratrix. Personal Representative (PR) - This is a generic term used for both Executors and Administrators. The personal representative is responsible for gathering the decedent's assets, paying any debts or taxes that may be due, and distributing what remains, according to the wishes outlined in the will or state probate law. Creditors - A creditor is any person or entity who has a claim against the estate of the deceased. These claims can range from outstanding medical bills to credit card debt and other unpaid bills. The PR needs to contact all creditors and notify them about the probate proceedings for their debts to be paid. Beneficiaries - These are the people who are named in the will and will inherit the decedent's property or assets upon probate being finalized. The PR needs to contact all beneficiaries and notify them about probate proceedings for them to receive their portion of the estate. Heir - An heir is a person who has been declared by the probate court to have a legal right to a portion of the decedent's estate, regardless of whether they were specifically named in the decedent's will. Now that we know the roles let's focus on what the personal representative needs to do to start the probate proceeding. [Wondering can you avoid probate in NC? Learn Here] The first thing to do is to locate the will Before going to the clerk of superior court to file probate the first thing the personal representative needs to do is to get a copy of the decedent's will if he left one. If one was prepared, The personal representative must read it and make sure he understands the instructions left by the decedent. If he does not have a clear understanding of the instructions written in the will he should seek out professional help to assist him. It is also very important that he realizes that the will has no legal effects, no authority, and no final word UNTIL it has been validated by the Clerk of Superior Court and the court appoints an executor or administrator to carry out the decedent's wishes. In North Carolina, you have 60 days from the date of the decedent's death to file the will. If you are the named executor and you do not file the will you could be held liable for your actions or inactions. The second thing, obtain copies of the death certificate You need to obtain at least six certified copies of the decedent's death certificate. These will be necessary for filing probate, as well as for filing taxes, transferring assets, and more. You can obtain copies of the death certificate from the Registered of Deeds office or North Carolina Vital Records in the county where the deceased passed away. The Third thing is, Create a preliminary inventory list The probate estate is defined as all property owned by the decedent, including real estate, personal property, financial accounts, stocks, and bonds. The North Carolina probate process requires that you create an inventory list of all of the deceased person's assets and account for any debts or other obligations of the decedent. It is very important to be accurate in creating the probate inventory list. This will help ensure that all probate assets are accounted for and show if enough funds can be generated to payoff creditors and taxes. The fourth thing is to file probate with the Clerk of Superior Court Once you have a copy of the will, death certificate, and probate inventory list, you can file for probate with the probate court. You will need to submit a probate petition to the court and pay any necessary filing fees. As of January 2023, the probate filing fee in North Carolina is $120.00. You will have to file the probate petition in the county where the decedent lived and file ancillary probate if the decedent had property or assets in another state. Once everything has been filed with the North Carolina court and the clerk has validated the will and appointed the estate executor or an estate administrator the probate proceeding can begin. North Carolina Letters Testamentary/Letter of Administration After probate has been opened with the court, a letter testamentary or letter of administration is issued by the Clerk of Court. These documents are the personal representative’s official appointment and proof that they have been authorized to administer and distribute the estate. The Personal Representative will show this letter to any financial institutions, attorneys, or other parties that may need to verify the probate process. Without this letter, banks, credit card companies, and other entities may not recognize the Personal Representative’s authority over the estate. Notice to Creditors After probate is opened in North Carolina, a Notice to Creditors must be published in a local newspaper once a week for four consecutive weeks. This notice informs creditors that they have a certain amount of time to submit a claim for any monies owed by the decedent. The Personal Representative must also notify known creditors of probate proceedings in writing, and those wishing to make a claim can do so by submitting a creditor’s claim form with the probate court. If the creditors do not file a claim within the specified time frame, they forfeit their right to any funds owed to them by the estate. Selling Real Estate and Personal Assets In probate proceedings, the Personal Representative is responsible for taking inventory of all real estate and personal assets. This includes vehicles, jewelry, furniture, and any other items of value that may be a part of the probate estate. The Personal Representative must then submit this inventory to the probate court before they can transfer ownership or sell any property. They may need to sell the assets to get the funds to pay off debts, taxes, probate fees, and other expenses. These funds are to be placed in an estate bank account and should never be placed in the representative personal bank account. In the North Carolina probate process, the probate court must approve any sales of real estate before they can be finalized. Distributing Assets to Beneficiaries: After all debts and other probate costs have been paid off, the remaining assets that make up the probate estate can be distributed to the beneficiaries. The Personal Representative is responsible for making sure that all of the probate assets are transferred to the proper recipients and must also provide an accounting of all probate transactions. This includes keeping records of all purchases and sales, as well as any transfers or distributions made from probate funds. Common probate issues in North Carolina Probate matters can be complex and difficult to navigate even when a will is in place. In North Carolina, as well as in many other States several common probate issues can arise during this process, including: -Unable to locate the will. Check safe deposit box, Attorney's office as well as searching in the house under mattresses, closets, and dresser drawers should all be checked if the will has not been found. -Will contests: If someone believes that a decedent’s will was not executed properly or contains invalid provisions, they may challenge it by filing a will contest motion with the Probate Court. -Family property disputes: Disputes between family members over how both real and personal property should be divided can lead to probate litigation. -Surviving spouse rights: In some cases, the probate court may determine that a surviving spouse is entitled to a larger share of the decedent's estate than what was provided for in the will. -The chosen executor not wanting the role. In this situation, the probate court may appoint an alternate executor or administrator, which can delay the process. Probate issue and disputes can suddenly appear long after a will or trust is formed and require extensive research into state statutes to be resolved properly. Tips to make probate as smooth and efficient as possible Probate is an intimidating process for those who are unfamiliar with it, but there are ways to make it simpler. Probate in North Carolina should begin with careful research, ensuring that all involved parties have a complete understanding of the North Carolina probate law, as well as their rights and responsibilities. North Carolina Probate Solutions can offer invaluable direction throughout the process if you find yourself needing help. Utilizing an attorney can also help to make sure that steps are taken securely, safeguarding against undue delays or expenses. During probate, accurate records must be kept of all documents and communications to resolve any issues quickly. Finally, if someone is going to select a personal representative, choose someone trustworthy and dependable who will remain organized and open-minded while acting on behalf of the estate's beneficiaries. The probate burden can be eased if approached with some preparation and forethought - following these tips can go a long way towards making the transition easier for all involved parties. Resources available for help with probate proceedings in North Carolina Probate proceedings can be complex and time-consuming, especially in North Carolina. Fortunately, there are a wealth of resources available to help those navigating the probate process. North Carolina Probate Solutions can offer guidance and answer questions and concerns as needed throughout the entire process, also helping to ensure that probate forms are correct and complete. Tax agencies are on hand with helpful advice on Probate taxation. Additionally, there are a variety of books, websites, and other resources available to those who need more information or additional help understanding their Probate roles. Probate resources can be valuable when it comes to ensuring that probate proceedings for North Carolina run smoothly and quickly. The probate process in North Carolina has certain time frames that must be followed for probate to move forward and ultimately conclude. Don't Do Probate Alone Hello, I'm Denise Davis. The owner of North Carolina Probate Solutions and a licensed realtor with EXP Realty in Greenville NC. I chose to specialize in probate because of my experiences working as a registered nurse with hospice and palliative care patients and families. Because of the many families I have worked with who have lost a loved one, and my own personal experiences, I understand the hurt, pain, and disappointment that death brings. Trying to deal with probate and the lost of a loved one can feel like a tremendous load to carry. I know probate can be both emotional and frustrating and can add additional stress to an already stressful time in life. I understand the probate process and what is required to bring the process to completion. If there is something that I do not know, I work with experienced attorneys, contractors, accountants, inspectors and many other professionals who I can turn to, to get you the answers and help you need. If you need to sell your loved ones home to pay off debt or to distribute funds to the heirs and/or beneficiaries lets talk to see how I can help you. I provide options, so whether it's listing your home on the market or getting you a fast cash offer I can help you. If you find yourself having questions or needing guidance with probate matters, please feel free to reach out to me! [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Denise Harper Davis Certified Probate Real Estate Specialist Licensed Realtor 252-902-9006 * NOTE: North Carolina Probate Solutions and the author of this article is not a licensed attorney or CPA. This post should not be considered legal or tax advice. Always consult an estate attorney or tax professional when needing legal answers, guidance or advice.

Denise Knows Probate! Denise Harper Davis is a Certified Probate Real Estate Agent in Greenville North Carolina. She serves clients all throughout the State of North Carolina. Mrs. Davis provides clients with the expertise needed to successfully navigate the probate process and real estate transactions. Her knowledge of the probate process and practical experience ensures that each client receives superior service and results. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] psst.....Can you please do me a favor? I need your help to grow my youtube channel. Can you please subscribe? Thank you! Probate Experience and Knowledge Mrs. Davis has the experience and knowledge to help clients make informed decisions when dealing with probate real estate transactions. She is also highly knowledgeable on the ins and outs of the probate process. With her understanding of the complexities of the probate process, Mrs. Davis can offer insightful guidance to her clients during the often difficult probate process. She takes an individualized approach, tailoring her services to each client's particular needs and goals. Customer Satisfaction Service By working with Denise Harper Davis, clients can be assured that they will receive the highest quality service and results when dealing with probate real estate transactions in North Carolina. With her expertise and dedication, Mrs. Davis is a true probate specialist and an asset to her clients. If you’re looking for an experienced Certified Probate Real Estate Agent in North Carolina, contact Denise Harper Davis today! You can be sure that she will provide superior service and results for all of your probate needs. Contact Denise Davis If you have questions or need assistance with the probate process contact me today! [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Denise Harper Davis Certified Probate Real Estate Specialist Licensed Realtor 252-902-9006 * NOTE: North Carolina Probate Solutions and the author of this article is not a licensed attorney or CPA. This post should not be considered legal or tax advice. Always consult an estate attorney or tax professional when needing legal answers, guidance or advice. Read More About Probate North Carolina Probate Forms Where To File Probate In NC What To Expect When Going Through The Probate Process In North Carolina

Denise Knows Probate! Do you find yourself feeling overwhelmed with the thought of settling an estate through probate? Rest easy – there are plenty of steps you can take to make it easier on yourself. One such step is to enlist the help of a skilled and experienced real estate agent who understands the ins and outs of probate proceedings, making them an invaluable resource throughout this process. Not only will they be able to guide you through your required responsibilities, but they can also help ensure that your situation is managed efficiently, professionally, and confidently to get maximum value from any real property involved in the estate. Read on for more information about how working with a professional North Carolina real estate agent could benefit you during probate! [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] What Is Probate? Probate is a legal process that takes place after someone dies. The purpose of probate is to ensure that the decedent's (the person who died) estate is properly distributed. In most cases, probate is handled by a court-appointed representative. In North Carolina, you would file for probate with the Clerk of Superior Court in the county where the deceased resided. You can find a list of the different Clerk of Court offices in North Carolina Here: Where to file probate in North Carolina. If there is a will the probate judge will validate the will and give legal authority to the person named in the will to oversee the estate. If there is no will, the court will appoint an administrator over the estate and gives him the legal authority to oversee the probate estate. The process of probate can be complex and time-consuming. The court will review the deceased person's estate and determine which assets should be distributed to heirs or beneficiaries. In some cases, the court may order the sale of assets to pay off debts and expenses. To find out how estate sales are performed read: 7 Reasons to Hire an Estate Sales Company. If you are named as the executor (also called a personal representative) of a deceased person's estate, it is important to understand the probate process and your responsibilities. You may need to hire a lawyer to help you with the legal proceedings. The North Carolina probate laws must be carried out correctly or it could delay the process. What Are the Benefits of Working With a Professional Real Estate Agent During Probate? When a loved one dies, their estate goes through probate. During this time, the personal property and any real estate of the deceased are managed and distributed according to their will. If there is no will then the North Carolina rules of intestacy (dying without a will) will be followed. To learn more about North Carolina Intestacy laws read: North Carolina Intestacy law: Who Inherits Property When There is No Will? If you're not familiar with the process, it can be confusing and overwhelming. That's where a professional real estate agent comes in. Working with a real estate agent who specializes in probate can save you a lot of time and hassle. They'll know how to navigate the process and can help you get the most out of your loved one's estate. Here are some of the benefits of working with a professional real estate agent: 1. They Know The Process Inside Out. A professional real estate agent who specializes in probate will know all the ins and outs of the process. If it is something that is out of their scope of practice they will be able to put you in touch with an experienced probate attorney to help you. A certified probate real estate agent will be able to help you every step of the way, from navigating the court system to dealing with creditors. 2. They have experience dealing with estates. Real estate agents who specialize in probate have years of experience or work with a team of experienced agents who has years of experience dealing with estates. They know how to handle sensitive situations and how to get the best results for their clients. 3. They have strong relationships with banks and other creditors. Real estate agents who specialize in probate often have strong relationships with banks and other creditors involved in the process. This can be invaluable when it comes time to negotiate settlements or pay off debts. 4. They can help you avoid common mistakes. Probate can be tricky, and making even a small mistake can cost you time and money. A real estate agent who specializes in probate will help you avoid these mistakes, so you can focus on grieving over the loss of your loved one or getting back to life. 5. They're there for support. Probate can be a difficult time, both emotionally and financially. A real estate agent who specializes in probate will be there for support, offering guidance and advice when you need it most. What can a real estate agent do for you during probate? A real estate agent can help you during probate by ensuring that the process goes as smoothly as possible. They can help you to understand the process, and they can also help to coordinate with the other parties involved in the probate process. In addition, a real estate agent can help you to market and sell the property during probate. How can a real estate agent help you get the most value from any real property involved in the estate? A real estate agent can help you get the most value from any real property involved in the estate by helping to market and sell the property. The agent will work with you to create a listing that showcases the property's best features and attracts potential buyers. The agent will also guide the selling process, from negotiating offers to closing the sale. By working with a real estate agent, you can maximize the value of any real property involved in your estate. During Probate Who Else You Will Need to Work With? If you have not already spoken with a probate attorney your realtor will be able to put you in touch with an experienced probate attorney who can answer all of your legal questions. In North Carolina, it is not required that you work with a probate attorney but for complex estates, it is highly advised that you do so. If you feel you want to try filing probate without an attorney read the article: How to file probate in North Carolina without a lawyer. Other than working with real estate agents and a probate attorney your may also need to work with: Accountants Estate Planners Contractors Appraisers Inspectors Lawn Services Home Stagers North Carolina Probate Solutions can help you find the best professionals to help you. How can you ensure that your experience with probate is as smooth and stress-free as possible? When it comes time to administer a loved one's estate, the last thing you want to worry about is a complex and lengthy probate process. Fortunately, there are some things you can do to ensure a smooth and stress-free experience. Here are a few tips: 1. Educate yourself on the probate process. The more you know about the probate process, the less anxiety you'll feel. Make sure to read up on the specific rules and regulations in your state, and talk to an attorney if you have any questions. 2. Organize and gather all of the necessary documentation. Probate can be time-consuming, so it's important to have all of the relevant documents ready to go. This includes copies of the deceased's will, death certificate, an inventory list of all of the deceased person's assets and financial records. You can find North Carolina probate forms here. 3. Choose the right executor. The executor is responsible for overseeing the probate process and ensuring that everything goes as smoothly as possible. Make sure you choose someone organized and capable of handling stress. 4. Delegate tasks wisely. To avoid getting overwhelmed, delegate tasks wisely among family members and friends. This will help keep everyone organized and on track. 5. Stay positive. The probate process can be difficult, but it's important to stay positive and focus on what's important - honoring your loved one's memory. With careful planning and organization, you can make the experience as smooth and stress-free as possible. The Right Certified Probate Real Estate Agent Can Help You. If you find yourself in the position of having to go through probate, know that you are not alone. Many individuals have gone through probate and come out on the other side successfully. While this court supervised legal process may be a stressful process, working with a professional real estate agent can help make the experience much smoother. Real estate agents are experienced in handling all aspects of buying or selling property, and they can offer valuable advice and guidance throughout the process. If you want to get the most value from any real property involved in an estate, be sure to work with a qualified real estate agent who can help you every step of the way. How Can North Carolina Probate Solutions help me? We understand that probate can be both challenging and tiresome. To help lighten the load for you we will help you complete the required documents required by the courts to start the probate proceedings. We will assist you in creating the required inventory list and remaining organized throughout the process. When going through probate there is a timeline to be followed, but no worries - we will walk you through the probate timeline so you can be assured you are completing and turning in everything on time. We will also help you with the sale of the property by placing the estate property on the market and getting it sold for the highest price possible. Probate is not a one man show. You will need help from others. We will also put you in contact with other professionals to help you with legal matters, appraisals, inspections, or any other services needed. We work closely with personal representatives to help relieve some of the stress and to get them confidently through the probate process. To help you on your Probate Journey Here are a few terms you should Know: Real estate Agents - A real estate agent is someone who helps people buy or sell houses. Probate Court - The probate court is a court that helps people settle the estate of a person who has died. Probate Attorney -A probate attorney is a lawyer who helps people settle the estate of a deceased person. Estate - Probate estate is a legal term for the property that a person owns at the time of their death. Probate Judge - A probate judge is a judge who oversees the probate process. Probate Assets - Probate assets are items that a person owns that have to go through the probate process after they die. Final Accounting - This is the last step in the probate process. An accounting of all money and property involved in the estate is prepared and filed with the court. Executor - The executor is the person who is responsible for carrying out the instructions in a will. Administrator - If there is no will or the decedent did not name an executor the court will assign an administrator. The probate administrator is the person who manages the estate of someone who has died. Personal Representative - A probate personal representative is someone who helps to settle a person's estate after they die. This includes distributing their belongings and money according to their will if they had one. Distributing Assets - Giving people what they are owed probate law - Probate law is the legal process of handling someone's estate after they die. Contact Us If you have questions concerning the probate process or have a probate property that needs to be sold quickly please feel free to give us a call. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Denise Harper Davis Certified Probate Real Estate Specialist Licensed Realtor 252-902-9006 * NOTE: North Carolina Probate Solutions and the author of this article is not a licensed attorney or CPA. This post should not be considered legal or tax advice. Always consult an estate attorney or tax professional when needing legal answers, guidance or advice.

Denise Knows Probate! Probate Property Issues | What Happens When The Person Who Died Owned Land In Multiple States? In most cases, probate will be filed in the county that the decedent lived in. However, in the case of out-of-state real estate, the laws of the other state may be used to determine who inherits the real estate, if there was no will. When a will exists and is submitted to the decedent’s state of residence, it must usually be submitted to the state and county with jurisdiction over the real estate as well. This is called ancillary probate as two probates will occur together in separate states, this can sometimes cause probate property issues. When there is no will, probate is typically necessary in every State in which real property is located along with the decedent’s state of primary residence. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] Is it Necessary For All of The Decedent's Property To Go Through Probate? No, but there must be a legal method used to transfer ownership and title of property to heirs and beneficiaries. In most states, some types of property can pass to certain beneficiaries outside of probate or with a simplified probate procedure. For example, real estate can pass to a surviving co-owner, usually a spouse, with joint tenancy with right of survivorship. Life insurance policies with a named beneficiary pass outside of probate. 401(k)s, IRAs, and other retirement accounts can be transferred to a named beneficiary or heir outside of probate automatically. Bank accounts may be set up with a payable on death designation to pass directly to named beneficiaries. Another option to bypass probate is a living trust which is a separate legal entity that holds title to property. Assets held by a living trust automatically pass to heirs or beneficiaries without going through probate. In our article call Can You Avoid Probate in NC we go more in depth on this topic. Is Selling A Home In A Probate Sale Different Than A Traditional Real Estate Transaction? Yes and no. It depends on the state, whether there is a will, and provisions in the will. In some states, the home can only be sold by the executor if necessary to pay valid debts of the estate and it must be done with oversight and approval of the probate court. In other states, the home can be sold as long as the will grants authority to the personal representative or as long as all heirs agree, regardless of the estate’s debts. The process can take longer than a traditional real estate sale and disclosures are usually very different, as the executor likely was not living in the home. There may also be additional clauses involved in a probate sale such as a requirement that the buyer wait for probate court confirmation. When Can Probate Real Estate Be Sold? Real estate can only be sold during probate in specific cases. If there is no will, the court-appointed administrator may choose to sell the home and distribute the cash to heirs, especially if there are multiple heirs. There may be compelling reasons to stop this sale by an administrator, such as one sibling buying out the others to keep the home. If there was a will, the executor has more limited power to sell real estate. In most states, it depends on whether the will left the property to a beneficiary. If the will left the home to multiple beneficiaries, the executor can sell the home and distribute the proceeds equally among the beneficiaries. An executor can usually sell the home without the consent of the beneficiaries if the will does not disallow the sale or specify who should receive the home. Note: before real estate can be sold or even listed, the executor must be officially appointed by the probate court. How Does Real Estate Ownership Affect Probate? There are many ways to hold title to real estate, depending on the state. Real estate can avoid probate completely if it’s passed to survivors automatically with ownership options like a living trust, community property laws, a transfer-on-death deed, or joint ownership with right of survivorship. There are several things that can happen to a home if it needs to go through probate: The real estate can be transferred to beneficiaries named in the will through probate. The property can be transferred to heirs through intestate probate without a will. The executor can sell the property through probate. With the right type of ownership, the home can bypass probate completely and go directly to beneficiaries. What Is The Process For Executor To Sell Property? First, an executor must be officially appointed by the probate court. From there, the process is typical of a real estate sale. The executor will usually have a home inspection done and hire a real estate agent. Some agents have a Certified Probate Real Estate Specialist certification which can be helpful in navigating a court-regulated probate sale. In some states, the home must be listed in the newspaper. Some states also have other specific rules governing probate sales. In California, for example, the home must be sold within a certain number of days. When there is no will or it’s contested, once an offer is received and accepted, there will be a waiting period to get a court date to finalize the sale. Some states even require complicated bidding on probate homes. Because selling a home in probate as an executor can be difficult with complex probate laws to follow, it’s usually advisable to work with a Certified Probate Real Estate Specialist who is experienced with probate sales. [Need help with probate? Join our Private Facebook group where you can ask questions and get answers, learn from others or share what you learned about the probate process. Be the first to join our new group! Join Here.] 252-902-9006 Disclaimer: The above information is provided for informational purposes only. While we do our best to keep our content and links up-to-date, North Carolina state laws may change periodically, so be certain to confirm any state specific information with a local authoritative source such as the court clerk’s office, or if necessary, an attorney. To Learn More About the Probate Process 6 facts about the Affidavit for Collection of Personal Property in NC