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Overview of Probate in NC //Apple Payne Law

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This is a high level overview of the probate process in North Carolina, whether you have a will (testate) or don't (intestate), the process is quite similar. For more information on how probate works, check out our website at applepaynelaw....

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24 янв 2023

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Комментарии : 17

@vd6748 Год назад

I recently met with Mr Payne for a consultation regarding a probate estate - I highly recommend him to everyone! Extremely patient with all of our many questions and very informative - professional and personable! Again, HIGHLY Recommend!!!

@applepaynelaw Год назад

Thank you so much for the kind words and feedback!

@kateminho6708 Месяц назад

I have some questions. The deceased person has no will. If the surviving spouse who is legally married to the deceased person doesn’t speak English and sign the paper to appoint an executor already who is the step son. what happens if the stepson is not honest and does not follow through with paying off debts and distributing the remaining evenly or did not give anything to the surviving spouse…what can the surviving spouse do in this situation? Also, will later than the surviving spouse be responsible for all debts still owed by the deceased since he/she is legally married to the deceased person? Please advise

@HINMAN22 4 месяца назад

Do you handle probate cases in Scotland county NC (laurinburg)

@Eracil Год назад

This is very helpful :)

@applepaynelaw Год назад

So glad it was helpful!

@denisedavisiwrite4him Год назад

If the decedent left a house but no will can the heirs sell it before filing probate in NC? Also if they sell it do they keep the money or do they place it in an estate account with the bank? Thanks.

@applepaynelaw Год назад

If it is less than two years, then they would not be able to convey clear title without opening a probate and running notice to creditors. That doesn’t mean they could not do a cash sale however, it would still be subject to the claims of creditors, so that would be a pretty big risk for a buyer. Definitely something we can help with if you’re running into that.

@denisedavisiwrite4him Год назад

@@applepaynelaw Thank you for your response. Do you serve all of North Carolina?

@applepaynelaw Год назад

We do for the most part - there's a couple of counties that have begun the e-Courts transition and we're considering those on a case by case basis because our home counties - Forsyth and Guilford - aren't slated to do the e-Courts stuff until 2024 now.

@denisedavisiwrite4him Год назад

@applepaynelaw I'm actually a realtor and I recently stepped into the probate niche. I've spoken with people in various counties here in NC who needed a good probate attorney. Next time i speak with one I'll call your office to see if you cover their county and will refer them to you if so. Thanks for answering my questions!

@biteme6551 Год назад

How long CAN probate last in NC? Is there a time limit? How many years can someone disrupt the process?

@applepaynelaw Год назад

Probate in NC *usually* takes 12-18 months, but I've had a couple take as long as 24. Unless somebody files a legal challenge to the probate though, it shouldn't go on longer than that. On rare occasions estates can be open longer, but that's usually because you either have an asset (i.e. land, payments etc.) that are taking a long time to come in or you are waiting on things like federal taxes to get situated so you can resolve those sorts of issues.

@biteme6551 Год назад

@@applepaynelaw I am wondering if the process can be dragged out intentionally for 30 + years by very determined people?

@applepaynelaw Год назад

That would be hard, but I've learned in law to never say never!

@biteme6551 Год назад

@@applepaynelaw Let me ask this a different way. If a WILL is contested, how long can probate take?

@applepaynelaw Год назад

I've learned in court to never underestimate the ability of the court/opposing parties to drag things out. We focus generally on uncontested probate (although we do have handled the occasional contested matter), but litigation varies from county to county and even judge to judge , so there's no way to really give a good answer. Too dang long though!