We have the will, why do we need to go through probate?

I have the Will Do I Still Need to Go Through Probate in Durham NC | www.estateproservice.com

A loved one did the right thing and create a Last Will and Testament before they passed away. You may assume since specific instructions for how to deal with their personal affairs and estate were left that there is no need to go through probate in North Carolina. In almost all cases, you may find that your assumption is wrong.

The challenge lies in the legal fact that although real property, personal property, and inheritances are dictated by the will, there still needs to be legal instrument that officially transfers ownership of assets or conveys the legal right to a someone to have access to the decedent’s personal accounts such as stock, insurance, and bank accounts. This legal remedy is more often than not probate. It is the probate process that legally grants the personal representative the authority to execute the wishes as dictated by the will.

There may be non-probate assets such as property held with “right of survivorship” (meaning the ownership transferred at death to person prior designated) and land and houses. However, land and houses are often a part of the probate process when they are being sold to pay for the descendant’s debt left behind. There are also legal implications that for future sales of real property that would eventually require the property to go through probate. This can feel daunting and complicated. Let the Durham County Probate Expert assist you during this process. As a fiduciary the personal representative has a great deal of responsibility for acting on behalf of the estate. The personal representative can be held liable if it has been deemed by the courts that they have caused damage to the estate from their actions. It is highly advised that a qualified probate attorney is used for most probate cases. Reach out to Estate Pro Service, LLC to take advantage of our deep connection with Durham County probate attorneys.

If you are assigned a personal representative or have claims as an a heir to an estate you can request a copy or viewing of the will in North Carolina. If the descendent resided in Durham NC the will can be filed upon death a the Durham County Clerk of Court on the 2nd floor. A decedent’s will becomes a public record when it is filed, after the decedent’s death, with the clerk of court. Any person may view a public record or request a copy of a public record for a fee.

Again feel free to reach out to us at Estate Pro Service, LLC to help you navigate the probate process in Durham, NC. Our model is really simple. All we do is…

  • Research court records to find people to help
  • Reach out to explain there is help you didn’t know about
  • Listen to your challenges and goals
  • Present you with all available options
  • Design and implement a strategy based on your goals
  • Provide professional advice and guidance on handling the Estate Establish the value of the personal property and real estate
  • Coordinate the estate sale & personal property donations
  • Clean properties out
  • Help find suitable housing & relocate family members
  • Sell the real estate
  • Direct heirs on how to invest the proceeds to meet their goals
  • Help heirs sell & upgrade their current home
  • Guide heirs on buying rental property
  • Show heirs how to plan for the future so your family NEVER goes through Probate again
  • Deliver on the promises we made!

Hope you find this helpful and we wish you the best!

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