We recognize that losing a loved one is a difficult process. The Adaramola Law Firm is devoted to guiding you and your family through the probate process with compassion and care.
Probate is the legal process of administering the estate of a person who has died with or without a will. The procedures in an estate administration may take from six months to several years to complete.
To initiate the probate process, the executor, generally a relative of the decedent, files the will and any other relevant documents with the Clerk of Superior Court in the county where the decedent resided. In the case that the decedent did not have a will, the decedent is referred to as “intestate” and this requires the filing of a separate form acknowledging that the Clerk of Superior Court is responsible for estate administration.
The executor of the estate has several important legal responsibilities. The executor has to notify all of the beneficiaries of the decedent’s estate, collect and manage all of the assets, pay taxes or other administrative expenses related to the estate, pay debts owed by the estate, distribute the assets to the beneficiaries, and close the estate. Only particular assets will be subjected to probate. If assets are jointly owned, for example, they will automatically transfer to the survivor. Life insurance policies and certain retirement accounts are also protected from probate.
Educating yourself about the probate process is the most effective way to be prepared to handle an estate administration. Call the Adaramola Law Firm today at 828-348-0189 or fill out the contact form to schedule a consultation to learn more.