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Assuming an attorney has reviewed the estate assets and has determined an estate will need to be opened for the assets to be distributed, there are fortunately statutes in place that allow the probate of a copy of the will. However extra steps will be necessary for the executor.

In North Carolina, real estate can be transferred via a TOD deed, otherwise known as a beneficiary deed. This deed permits a property owner to designate a beneficiary who will automatically inherit the property upon the owner's death, avoiding probate.

You should bring: (1) the will if there was one, (2) a certified death certificate, (3) an application and preliminary inventory of the decedent's property; and (4) a $120 filing fee. Forms needed may be obtained from the clerk of court's office or on this website.

Deadline to Start Probate in North Carolina There is no law saying when a designated executor must start the probate process within a specific timeframe. However, the general expectation is that the executor will begin the process within 60 days after the deceased's death.

Although probate is not always required in North Carolina, an estate generally does need to go through probate if the decedent only owns property solely in their own name. At Arnold & Smith, PLLC, our law firm has extensive experience handling probate and estate administration issues.

If a person dies without a will, then North Carolina probate laws dictate how the decedent's assets are distributed. Probate isn't always required after someone dies; it depends on what assets the decedent owned.