Best Probate Lawyers in Greenville

FAQs

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

  252-329-4315 is the non-emergency contact number for the local police station in Greenville.

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

  To obtain a copy of a police report for incidents related to your case, you can visit the Greenville Police Department at 500 South Greene Street. Their records window is open Monday through Friday from 9:00 AM to 4:30 PM but closed on recognized City holidays. Reports may also be requested via postal mail by sending a written request, payment for fees, and a self-addressed stamped envelope to: Greenville Police Department Records Division P.O. Box 7207 Greenville, NC 27835. For inquiries, contact their Records Staff Support Specialists at 252-329-4325.

• What is the cost of hiring a probate lawyer in Greenville?

  Probate attorneys in Greenville typically charge on an hourly basis, with fees ranging from $2,000 to $10,000 or even higher, depending on the complexity of the estate. Factors such as the size of the estate, the extent of legal assistance required, and any complications or disputes that may arise during the probate process can all impact the final cost. It is advisable to consult with potential probate lawyers to obtain accurate estimates based on the case's specific circumstances.

• Do probate clerks in Greenville have judicial powers?

  Yes, probate clerks in Greenville do have judicial responsibilities and powers. As judicial officers of the Superior Court, including the clerk of the Superior Court, probate clerks are entrusted with various judicial duties in probate cases. They assume the role of probate judges, overseeing the probate process for wills and the management of estates belonging to deceased individuals, minors, and those deemed legally incompetent.

• What happens if a child inherits property in Greenville before turning 18?

  If a child inherits property in Greenville before reaching the age of 18, they are unable to assume direct management of the inherited assets. In such cases, it is necessary to appoint an adult who will act as a guardian or trustee to oversee and administer the property on behalf of the child until they reach legal age. This arrangement ensures that the child's best interests are protected and that the inherited property is appropriately managed during their minor years.

• What are the responsibilities of the executor or personal representative of the estate in Greenville?

  In Greenville, executors or personal representatives of an estate are entrusted with several responsibilities per North Carolina's probate statute. These duties include notifying the creditors of the deceased through publication, safeguarding and maintaining the assets, gathering the probate assets, settling the debts owed by the deceased, and ultimately distributing any remaining assets to the designated heirs or beneficiaries. The executor plays a crucial role in ensuring the orderly administration of the estate per legal requirements.

• What criteria determine a small estate in Greenville?

  In Greenville, an estate is categorized as small when its overall worth falls below $20,000 ($30,000 if the spousal allowance is not taken into account, and the surviving spouse is the only heir). In such cases, after a 30-day waiting period, an affidavit can be utilized to simplify the probate process. Alternatively, if the surviving spouse is entitled to inherit the entire estate, a summary probate proceeding may be allowed, offering a streamlined approach to the probate process.

• 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.