Best Probate Lawyers in Durham

FAQs

• What is the non-emergency contact number for the local police station in Durham, North Carolina?

  Call (919) 560-4600 to report non-emergencies to the local police station in Durham.

• Where can I get a copy of police reports for incidents related to my case in Durham, North Carolina?

  Get a copy of police reports for probate-related incidents in Durham at the Records Division of the headquarters located at 602 East Main Street. You may request online via https://durhampdnc.policetocitizen.com/EventSearch. Call (919) 560-4423 or fax (919) 560-4987 for further assistance.

• Is probate required if there is a will in Durham?

  Yes, probate is still required even if the person in Durham left a will before passing away. This is because a will cannot be legally recognized unless it goes through a court review, which is part of the probate process. To begin the procedure, the will must be officially submitted to the county court clerk.

• Do all properties in Durham need to undergo probate?

  No, not all properties in Durham need to undergo probate. There are certain conditions under which a simplified process can be followed. A summary administration can be filed if the total value of the estate is $20,000 for a single person or $30,000 for a married person. This process is applicable when the spouse is the sole heir. Additionally, insurance benefits are automatically transferred to the beneficiaries stated in the policy and do not require probate.

• What is the duration of the probate process in Durham?

  The duration of the probate process in Durham depends on factors such as the size and value of the property and any complexities that may arise. Straightforward estates usually take at least six months to settle because creditors have three months to make claims. However, if there are problems or the property is large, it can take many years to complete. It can also be delayed if the executor doesn't know much about probate.

• Who should settle the debts of a deceased individual in Durham?

  After an individual passes away in Durham, their debts are typically paid from the funds in their estate. The executor is responsible for managing the deceased person's assets and using them to settle the debts in a specific order. However, if the deceased person's spouse or children are co-owners of a property or joint account holders, they may also be responsible for resolving the debts.

• What is the process of selling a property in Durham when it is under probate?

  The process of selling a property in Durham when it is under probate involves appointing a personal representative or executor and assessing the actual value of the property. The executor must obtain permission from the court to sell the property through a hearing. Advertisements can be put out at this point and the court handles the bidding. If someone makes an offer, executors may demand the court to issue approval and they must inform the heirs about the sale. If someone disagrees, the sale may be stopped.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.