Thanks for your question and good morning.My goal is to understand your question fully and provide you a full and complete answer.

The probate process in North Carolina begins when a family member or other person makes application with the decedent’s will with the Clerk of Superior Court in the county of the decedent’s residence.The court would then hear the application, admit will to probate and name the applicant the personal representative of the estate.

 

If the decedent did not have a will, then they are considered to have died intestate and an application for a court supervised probate is filed asking for the applicant to be named personal representative.This is a court supervised probate and the estate passes under the laws of intestacy if there is no will.

 

 

Here are the laws of intestacy that govern a no will situation..

 

 

http://www.mystatewill.com/statutes/nc_law.php

 

 

The personal representative during the probate process would notify all beneficiaries of the estate, gather all of the decedent’s assets, file an inventory and accounting of all of the estate's assets, settle any debts the decedent owed to creditors, and pay any taxes or administrative expenses owed by the estate. The Clerk of Superior Court and the probate judge oversee the process and ensure administration of the estate.

 

Here is good reference to the process of probate and duties of the personal representative.

 

http://www.nccourts.org/forms/documents/735.pdf

 

 

 

You will need a local lawyer to assist you in filing for probate and to complete the administration of the estate.The lawyer will give you a fee quote and work with you as far as payment.

You can locate a lawyer here through your state bar lawyer referral.They have an inexpensive consult to allow you to meet and go over fees, and your individual facts.


http://www.ncbar.org/public-pro-bono/lawyer-referral-service/for-the-public.aspx

Please do not rate me 2 stars/faces "Helped a little" or 1 star/face "I expected more" if you need further help as this is considered a negative rating against me. Just reply to me via the “CONTINUE CONVERSATION” button with the issue you have as I receive no compensation for my efforts for the lowest two ratings.

Please be aware that the information provided here is not legal advice. Rather it is simply general information. This communication does not establish an attorney-client relationship with you.

RayAnswers41090.5592364931