what is the procedure for opening an estate in North Carolina? Can it be done without a lawyer? What is the customary fee for hiring an estate lawyer?
State/Country relating to question: North Carolina
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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..
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.
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The personal representative may be paid a fee here under the NC Probate laws.So if you become the personal reprentative the law allows you payment.http://law.onecle.com/north-carolina/28a-administration-of-decedents-estates/28a-23-3.html
Texas lawyer for 29 years in Estate law
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