Probating a will is the responsibility of the executor or Executrix of an estate.
The person creating a WILL designates an executor to ensure that the probate process runs smoothly. When you take office as the executor of an estate in North Carolina, the court gives you letters authorizing you to act on the estate’s behalf. Unless the deceased specifically stated in his/her will that you need to post bond or an insurance policy against any wrongdoing, North Carolina does not require you to do this (there is an exception for out of state executors for those residing in Wake County, NC). Once you have your letters, you can begin administering probate.
Below is a simple list of those areas the EXECUTOR/EXECUTRIX will be responsible for:
- Inventory all assets
- Alert Creditors
- Secure “living allowance” for deceased spouse and or minor children.
- Pay all creditors
- Prepare and file tax returns
- Distribute remaining assets
- Prepare a final accounting and submit to the court
Each of these responsibilities has very specific deadlines and must be adhered to.
If you have any questions regarding the probate process or would like a personal consultation, please do not hesitate to write.
rick@carolinaestatecounsel.com
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Local Raleigh / Durham / Chapel Hill / Triangle NC Elder Law and Estate Planning Attorney offers professional counsel with last will and testament, revocable or irrevocable trust, power of attorney, advanced directive, Medicaid Planning, Veterans Aid and Assistance, asset protection, probate and estate administration, and other important Estate and Elder Law matters.
