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When a loved one passes away, there can be many legal issues to handle. The responsibility of settling an estate can be a long and stressful process. If the decedent owned any property or assets, an estate will need to be opened in a probate court whether they had a will or not.
A Lincolnton probate lawyer at Farmer & Morris Law, PLLC, can handle the legal matters so that you don’t have to navigate the process alone. We are experienced with the probate process, fees, and timelines. Our attorneys will work with the executor and heirs every step of the way to make sure the estate is closed promptly.
What Is Probate?
As the North Carolina Judicial Branch explains, estate administration and probate are the same thing. They mean the same thing. Probate is a legal process to determine where the decedent’s assets will go. It also ensures that all taxes and debts are paid off using their estate. The probate process can be lengthy and require a lot of paperwork.
Probate can be a straightforward process, but it can take several months to complete, depending on the circumstances. A Lincolntown probate lawyer at our firm will strive to meet deadlines to get the estate closed promptly.
The Probate Process
After the death of a loved one, the probate process can begin quickly. The executor of the estate will present the will to the probate court. The executor is usually listed in the will by the decedent. Many factors determine the length of time the process will take. These include:
- The size of the estate
- The number of taxes and debts to pay
- Any tax issues that arise
- The number of heirs
- Any contested issues
Under G.S. § 47.1, the law explains the requirements of closing an estate through probate. Many steps are involved in completing the process.
At Farmer & Morris Law, PLLC, our probate lawyers will file all required paperwork to start the probate process. We can keep track of all filing deadlines and get your probate case done as quickly as possible.
What if There Is No Will?
When someone dies without a will, it is called dying “intestate.” The absence of a will could cause the probate process to take longer. If there is no will, the probate court will appoint the estate’s personal representative. Usually, only spouses and blood relatives can inherit under intestate laws.
Intestacy laws state that if one of the heirs has died, their children could inherit their parent’s share. When there is no will, figuring out exactly who should receive an inheritance can become complicated.
Probate Fees
There are many fees associated with closing an estate through probate court. The fees can range based on the size of the estate and if any issues arise.
- Executor fees: The executor can be paid a percentage of the estate for their work. In many cases, the executor will waive these fees.
- Attorney fees: Attorneys can charge by the hour or a flat fee. It is important to get your fee agreement in writing to avoid discrepancies when it’s time to pay.
- Appraiser’s fees: If a home or other type of property needs to be appraised, there will be an appraiser’s fee.
- Court fees: The court will ask for various filing and certificate fees before proceeding with any legal matters.
Do I Need a Probate Lawyer?
If you end up in charge of an estate after a loved one passes away, you may want to seek legal advice. Lawyers who know how the probate process and laws work can close an estate correctly. A probate lawyer in Lincoln County can be helpful to you in the following ways:
- Proving in court that the deceased person’s will is valid
- Identifying and creating an inventory of the deceased person’s property
- Appraising the property
- Paying debts and taxes
- Distributing the remaining assets and property as directed by the will
- Manage the estate checking account
- Collecting proceeds from life insurance policies
We Have Lincolnton Probate Attorneys on Our Team
Our goal at Farmer & Morris Law, PLLC, is to provide excellence in legal representation. No matter how complex your legal matter is, we are passionate about obtaining the best result.
- Every client is extremely important to us, and we care deeply about each one.
- We strive to give the assistance needed to obtain the best result possible.
- We have six attorneys with years of legal experience.
Our past clients have great things to say about our representation during their legal matters.
Call Farmer & Morris Law, PLLC, Today
Closing the estate of a loved one can feel heartbreaking and overwhelming. Our mission is to provide legal representation and take the burden off your shoulders. We want executors to understand their rights and responsibilities in handling their loved one’s affairs.
Call Farmer & Morris Law, PLLC, today at (828) 286-3866 to schedule a consultation. We will review your case and answer any questions you have.
