The probate process occurs after a person passes away as a way to distribute his or her property. During the probate process, the probate court will validate the deceased person’s will and administer his or her estate. When the deceased person does not have a will, the probate court will distribute his or her assets according to North Carolina intestacy laws. If you are the beneficiary of a friend or family member’s will, you may be wondering how long the probate process will take. Unfortunately, it is challenging to determine precisely how long the probate process will take because it depends on several factors.
Determining the Length of the Probate Process is DifficultThe length of the probate process depends on the unique aspects of the estate. For example, if someone challenges the will’s validity, the probate court will have to hear arguments and determine whether the will is valid. Will challenges can add months or even over a year to the probate process. Will challenges are not the only type of issue that can increase the length of the probate process. A beneficiary could challenge another aspect of the will, or there could be legal disputes related to creditors who have a claim on the estate.
When a will is straightforward, and there are no challenges, the process typically takes at least four months. Creditors of the deceased individuals have 90 days to claim the assets in the deceased estate. This process alone accounts for three months. If there are probate hearings for any reason because of disputes, the probate will be contested, and the entire process could take over a year. Additionally, when an estate is complex and includes significant property or complicated assets, the probate process will typically exceed a year.
When is the Probate Process Required?Going through the probate court is not always required in North Carolina. Typically, probate is only required when the deceased individual owns property in his or her name alone. For example, if the deceased individual owned a house or other property jointly with a spouse, the spouse will automatically inherit the property. Property owned jointly with a right of survivorship will automatically transfer to the other owner. Additionally, property held in a trust does not need to go through the probate process. The property will transfer to the beneficiaries according to the trust agreement. One of the best ways to avoid the probate process is to work with an experienced estate planning lawyer.
How Does Probate Work?The first step in the probate process involves the executor of the estate opening a probate case. The executor who is named in the last will and testament will submit the will to court. If the deceased individual died without a will, the court will appoint an administrator and locate the heirs under North Carolina intestacy laws. The creditors of the deceased individual will also need to be notified. Creditors will have 90 days from the date of the notice of probate, usually published in a newspaper advertisement, to file a claim against the decedent's estate. The probate court will review claims made by the creditors and pay them as necessary.
There are several different types of challenges people can make during the probate process. Relatives who have been cut out of the will may try to challenge the validity of the will. If the decedent died without a will, heirs might argue that they have a valid claim to inherit property from the estate. Any challenges need to be litigated in the probate court. Additionally, the administrator or executive or needs to prepare tax returns for the decedent's estate. Once all of these issues are taken care of, the court will transfer the remaining assets to the decedent's legal beneficiaries.
Contact an Experienced Probate LawyerAre you considering creating an estate plan so your loved ones can avoid a lengthy probate process? Or, have you just learned that you are a beneficiary of a friend or loved one’s estate? If so, you will benefit from consulting with an experienced estate planning lawyer. At Arnold & Smith, PLLC, our estate planning lawyers will carefully listen to your goals and help you devise a thorough estate plan to protect yourself and your assets. If you are involved in the probate process, we can protect your rights and help you obtain the assets you have inherited. Contact our Charlotte estate planning firm today to schedule your free initial consultation.