Probate Service Forms for Mecklenburg
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FAQ
How does the executor's year work? The executors have a number of duties to both creditors and beneficiaries during the administration of the deceased's estate. Starting from the date of death, the executors have 12 months before they have to start distributing the estate.
The executor can sell property without getting all of the beneficiaries to approve. However, notice will be sent to all the beneficiaries so that they know of the sale but they don't have to approve of the sale.
State law allows for two years for the will to be entered into the court records. However, an heir may file sooner if the executor fails to file within 60 days of the death of the person.
There is no legal requirement that anyone involved in the probate process hire an attorney; however, there are numerous reasons why it is usually a wise decision.
The probate process begins at the Clerk of Superior Court in the deceased's county of residence. An application is submitted to the clerk by either the executor/executrix named in a will or, if there is no will or the person named in the will is not able or willing to serve, a person qualified to be an administrator.
You should expect it to take a minimum of six months to a year to settle an estate because of the legal notice requirements and time that creditors have to submit claims against the estate. Creditors have 90 days from the first publication date of the notice of probate.