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What is probate, anyway?

What is probate, anyway?

Probate is a court-supervised legal process that gives someone, usually the surviving spouse or other close family member, authority to gather the deceased person’s assets, pay debts and taxes, and eventually transfer assets to the people who’ve inherited them. The probate process is necessary to be able to transfer title or sell property, even if someone dies without a will. In North Carolina, the probate process is managed by the Clerk of Superior Court.

A properly drafted and funded trust can help avoid probate. Additionally, in some circumstances, and depending on the amount and types of assets owned by the deceased, an abbreviated form of probate may be available.

Probate can be time-consuming and overwhelming, especially while grieving the loss of a loved one. Contact our office if you would like information on how we can help you navigate the probate process in North Carolina.

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