The estate administration process in North Carolina is governed by the statutory framework provided for in N.C.G.S. Chapter 28a and provides the structure for the administration, settlement, and distribution of decedent’s’ estates.
The process starts with the filing an application for letters of administration or letters testamentary with the Clerk of Superior Court in the county where the deceased lived at the time of their death. If the deceased had a Will, letter testamentary are issued. If not, the applicant will receive letters of administration.
The Clerk of Court reviews the application and supporting documents, and if satisfied, the applicant is entitled to appointment, issues letters of administration or letter testamentary. Personal representatives must post a bond before letters are issued, and resident executors are exempt unless the will expressly requires a bond.
Once appointed the personal representative must provide notices to creditors through both publication and direct notification. Claims that are not properly presented within the specific time periods are barred from collection against the estate.
Within 90 days of being appointed, the personal representative must file an inventory of all real and personal property of the estate that has come into their possession. This property is available for the payment of debts and claims, and the personal representative must select assets for sale or distribution in a manner that promotes the best interests of the estate. Valid claims against the estate must be paid in a specific order of priority as established by statute.
After all debts and claims are resolved, the personal representative distributes the remaining property pursuant to the terms of the probated will or if there was no will according to the laws of intestacy.
The personal representative must file a final account and produce proof of payments and distributions. Once the clerk reviews and approves the final account, the clerk enters an order discharging the personal representative from further duties and responsibilities.
Handling the legal responsibilities of someone else’s estate can feel overwhelming. Our experienced probate, estate and trust administration lawyers are here to help you through the process.