The probate process in North Carolina can seem like a confounding mix of statutes, regulations and jurisdiction-specific nuances enough to make anyone’s head spin. While we of course recommend working with an experienced North Carolina estate administration attorney through the process, the following addresses some of the most commonly-asked questions during consultations:
What happens if my loved one died without a Will?
Dying without a Last Will and Testament means the estate will pass through probate under the laws of “intestacy.” In essence, intestacy works as a statute-driven plan for the distribution of the deceased’s property, creating a de facto estate plan for the administrator to work under. If your loved one recently died without a Will in place, you will need to file for “Letters” from the Clerk of Superior Court. If you qualify to serve as an administrator, Letters will be issued to allow you to carry out the necessary duties.
What is a creditor claim?
When a person passes away, the executor/personal representative is responsible for alerting creditors of the death, which will thereby allow any creditors with outstanding notes the opportunity to collect from the estate. To properly notify creditors, publication of the death must be entered in a newspaper of general circulation for four consecutive weeks. The creditor will have three months from the date of the first posting of the notice to make a claim – or it will be forever time-barred.
Does an executor earn a commission?
At the discretion of the Clerk, an executor or personal representative may earn a commission of up to five percent of the estate’s receipts and disbursements. The Clerk will consider the time and effort required of the personal representative when making this decision, and not all petitions for commission will be granted.
Contact an experienced administration attorney today!
If you were recently named as an executor or your loved one died without a Will, please contact the Monk Law Firm, PLLC today: 704-369-9977.