The process to probate a will in North Carolina begins with the executor that is named in the will files the original will with the Clerk of Court in the county where the decedent lived. Along with the will the personal representative will file paperwork to ask the Clerk for Letters Testamentary. The “Letters” are the papers that formally designate the executor as the personal representative of the estate and gives them the power to collect all of the assets of the estate, sell real estate, pay creditors, and other actions that will need to take place so that they can ultimately divide up the estate according to the terms of the will and close out the estate.
Probating a will is a process and it is not unusual for it to take several months to more than a year, depending on the size of the estate, the county where the estate is located and how quickly the executor takes care of getting everything done. Some wills are very easy to probate, but people often have questions and may not be able to complete the probate process without help from a probate attorney. If you are getting ready to probate a will and want to talk about your situation, please contact us.