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What is Probate?

Probate is the general administration of a deceased person's will or the estate of a deceased person without a will. During this process, the court distributes any assets of an estate to each beneficiary or heir. 

Benefits of hiring an attorney for probate administration:

  • Minimize your risk of error and inaccuracy and ensure that documents are turned in by the deadline. 
  • Receive and distribute money and assets. 
  • Draft essential documents to avoid problems in the future with inaccurate documents. 
  • Provide support and comfort to the family. Many people are overwhelmed with the loss of a loved one and do not know where to start in terms of their estate. 

The Probate Process:

There are four main steps to the probate process. The entire probate process lasts between 8 - 12 months. 

  • Opening the deceased's estate: This includes filing the will, death certificate, and ensuring that the client is appointed as the personal representative of the estate.
  • Inventory and appraisal of assets: this includes gathering and inventorying the late individual's assets. We will determine which assets are legitimately included in the estate and which assets pass outside of probate. 
  • Liability of the estate: Once the inventory is complete, any potential liabilities for the estate are identified. This phase allows creditors to file claims against the estate. We assist the personal representative in efficiently handling these creditor's claims.
  • Distribution of assets: The last step is the distribution of assets. This involves identifying each heir or beneficiary and determining how much they will receive. 

Contact us to set up a consultation or to learn more about our estate planning and probate services

Contact Us Today

Sperry & Hatley, P.C. is committed to answering your questions about Residential Real Estate, Commercial Real Estate, Estate Planning, and Business Law matters in North and South Carolina. We offer Residential Real Estate, Commercial Real Estate, Estate Planning, and Business Law consultations daily. Contact us today to schedule an appointment.