Estate administration is the distribution of a decedent’s property and payment of his or her debts, according to his or her will, or according to the intestate succession laws of North Carolina. Estate administration is under the jurisdiction of the Clerk of Superior Court in the county in which the decedent lived. The administration is carried out by the personal representative of the decedent, whether the decedent appointed in his or her will, or by one appointed by the Clerk if the decedent did not make a will.
Settling an estate is often an exacting proceeding, requiring the personal administrator to collect funds, obtain documentation of debts, gain possession of property, and open and close bank accounts. While not every estate is large or complicated, each step in the probate process is important and at the end of the process, an accounting must be approved by the Clerk. This firm is dedicated to the efficient, accurate and timely administration of both simple and complex estates.
Complications may arise in estate administrations. For example, if the decedent received Medicaid benefits while in a nursing home, a state contractor may demand estate recovery, which is repayment of Medicaid benefits from the assets of the estate. This problem may be avoided with planning during the recipient’s lifetime. Another common complication is that, that decedent may have owned property outside the state of residence. This requires that an ancillary estate must be opened in the state where the property is located. There are other, very serious problems that may arise dealing with the theft of assets, the validity of a will, and calculating the share of beneficiaries’ distribution. While many people successfully administer estates without professional assistance, this firm is available to assist as needed, whether to solve a particular problem or to administer the estate from the initial filing through the final accounting.
Administration of the estate of a family member can be a daunting prospect. Survivors need peace of mind as they recover from their loss. Having to deal with business and financial matters is difficult during emotional times. Our firm is dedicated to taking on the burden of the legal and financial requirements necessary to estate administration. We are accustomed to assisting the family with whatever issues arise as a result of the death of a family member, whether it involves an estate problem or a family situation.
Our firm is dedicated to taking on the burden of legal and financial aspects of settling an estate. We are accustomed to assisting the family with whatever issues arise because of the death of a family member, whether it involves an estate problem or a family problem.
The “This Is The Law” pamphlet series was prepared as a public service by the North Carolina Bar Association’s Communications Committee and is not intended to be a comprehensive statement of the law. North Carolina laws change frequently and could affect the information in these pamphlets. If you have specific questions with regard to any matters contained in these pamphlets feel free to contact us.
Living Wills and Health Care Powers of Attorney
To many people, the fear of a lingering death is worse than the fear of dying. Yet often, near the end of one’s life, one is unable to make decisions or express desires concerning medical care to loved ones or medical personnel. (©1985 N.C. Bar Association, Revised 2013, Reviewed 2014)
Protecting Your Assets: Wills, Trusts and Powers of Attorney
Protecting your assets and caring for your family are important issues during life and after death. Wills, trusts and powers of attorney are strategic documents to accomplish this goal. To be certain that your needs and desires are met, always consult an experienced attorney for the planning and drafting of these documents. (©2004 N.C. Bar Association, Revised 2014)