Probate Attorney in Asheville, NC
When you hear the term “probate” it is usually spoken of as something to be avoided. While there are sometimes ways to avoid the probate process in administering the estate of someone who has passed away, it is important to understand the process, its goals, and the ways you can best navigate it in North Carolina.
Not everyone can avoid probate. Our skilled estate planning attorneys can answer all of your questions and help you determine what the best path is for you in planning your estate and planning for the probate process.
We can also help executors who are currently going through the probate process to understand both the process and their role in it. Contact Craig Associates, PC at 828-900-1809 to find answers to your questions about probate, or register for an upcoming free estate planning seminar to learn more about the process and how you can plan for the well-being of your loved ones and preserve your wealth.
What is Probate, Exactly?
Probate is a process supervised by the courts that allows a deceased person’s legal representative to gather their assets, pay any debts or taxes due, and distribute the remainder of the estate. Probate will be required when there is a will or if the deceased died without a will owning certain kinds of assets or property of a certain value. Probate will always happen if someone dies without a will in North Carolina. Probate can be an expensive and time-consuming process, and the skilled estate planning attorneys at Craig Associates can help you craft an estate plan to minimize the need for probate.
“I wanted to assure my family of simplicity to my small estate after my passing. Thanks to Craig Associates that was easily accomplished. Great people to work with.”
—5-star Google review
Probate and Estate Planning Services in Asheville
Avoiding or simplifying Probate is much easier with a sound estate plan in place, and selecting the right attorney is one of the most important choices you will make. The estate planning lawyers at Craig Associates, PC are happy to guide you through the process for peace of mind about how your estate will be handled. In addition to our expertise in the Probate process, we offer a range of services to fit your unique needs:
- Why Choose Us
- Glossary
- Founded in 2005, Craig Associates, PC has served North Carolina for over 18 years
- Christopher M. Craig holds active membership in the North Carolina Bar Association and the 18th and 28th Judicial District Bars, ensuring you receive expert legal counsel from a qualified professional
- We are committed to bringing your life together—that’s our motto. Let us be the law firm you can count on to understand your unique needs and bring you peace of mind.
Assets: Items of value owned by the decedent, crucial for estate valuation in probate.
Attorney discipline: Regulatory actions against lawyers, ensuring that a probate attorney adheres to professional standards.
Beneficiaries: A beneficiary can be Individuals or entities designated to receive assets from an estate, central to estate planning and probate proceedings.
Debts: Obligations owed by the decedent, which must be settled during the estate administration process.
Decedent: The deceased person whose estate is being administered, the focus of probate activities.
Estate: The total assets and liabilities left by a decedent, the subject of probate and estate planning.
Estate administration: The process of managing and distributing a decedent’s estate, often overseen by a probate attorney.
Estate plan: A strategic arrangement for managing and distributing an individual’s assets after death, involving legal documents like wills and trusts.
Estate planning lawyer: A legal professional specializing in preparing documents and strategies for asset distribution after death.
Executor: The person appointed to manage the estate of a deceased individual, pivotal in executing the will’s instructions.
Grant of probate: A legal document authorizing the executor to manage and distribute the decedent’s estate, a key element in probate proceedings.
Held in trust: Assets managed by a trustee for the benefit of beneficiaries, an alternative to direct inheritance to avoid probate.
Hourly rate: A payment model for legal services, relevant in hiring a probate lawyer for estate administration.
Inheritance taxes: Taxes levied on assets received from an estate, affecting the distribution of assets to beneficiaries.
Intestacy laws: Regulations governing estate distribution when the decedent dies without a will, impacting probate outcomes.
IRA: Individual Retirement Account, a retirement savings plan that may require special consideration in estate planning.
Joint tenants with rights of survivorship: A form of property ownership that bypasses probate by automatically transferring to the surviving owner.
Legal advice: Professional guidance from a lawyer, essential for navigating the complexities of probate law.
Legal process: The formal procedures followed in probate court to administer a decedent’s estate, involving various legal steps and documentation.
Licensed probate attorney: A lawyer authorized to practice probate law, key for legal representation in estate administration.
Liquidated: The conversion of assets into cash, a process often necessary in estate administration to settle debts or distribute funds.
Living trusts: Legal entities created to manage assets during an individual’s lifetime and distribute them after death to help care for loved ones, often used to avoid probate
Probate attorney / Probate lawyer: A lawyer specializing in the legal process of validating a will and administering a decedent’s estate, central to probate proceedings.
Probate court: The judicial system segment that oversees estate administration and disputes, a critical venue for executing wills and trusts.
Probate law: The body of law governing the process of estate administration, vital for probate attorneys in advising clients.
Probate process: The sequence of legal and financial steps to administer a decedent’s estate, involving validation of the will, asset distribution, and debt settlement.
Probate services: Professional services offered by probate attorneys, including estate administration, will validation, and legal representation.
Property: Tangible and intangible items owned by the decedent, subject to probate and estate planning.
Real estate: Property consisting of land or buildings, often a significant component of an estate and subject to specific probate considerations.
Related practice areas: Legal fields associated with estate planning, such as tax law or elder law, providing comprehensive support for clients.
Right of survivorship: A legal principle that allows property to bypass probate and automatically transfer to the surviving co-owner upon death.
Taxes: Government levies on income, property, and inheritance, affecting estate planning and administration.
Trusts: Legal arrangements where assets are managed by a trustee, during a person’s lifetime or after, for the benefit of beneficiaries, a tool for estate planning to avoid or simplify probate.
Widow: The surviving spouse of a deceased person, who may have legal rights or claims to the deceased’s estate under the laws of inheritance.
Will contests: Legal challenges to the validity of a will, a potential complication in probate proceedings requiring skilled legal defense.
“Chris and his team are awesome. I came into their office knowing very little about trusts or their purpose. Chris first and foremost educates, then executes in a very timely manner. Everything is all in place now and I can sleep a little easier. When I first went to look for an estate attorney I made many many phone calls and had lots of consults; I already did your homework for you. Look no further you found the one…. Hurry up and go get your peace of mind.”
—5-star Google review
Probate FAQs
Do All Estates Need to Go Through Probate in North Carolina?
Not all estates will go through probate in North Carolina, and not all parts of an estate will go through probate. Probate is necessary only for assets that the deceased owned in his or her personal name. Assets that were owned jointly with another person payable on death or by rights of survivorship may pass to that person without going through probate. Also exempt from probate are most assets with a named beneficiary, like retirement accounts or life insurance policies, and any assets held in a revocable living trust.
North Carolina has an unusual provision for those with small estates to help streamline the probate process. If the deceased person’s assets, excluding real estate, add up to less than $20,000 (or $30,000 if a surviving spouse will inherit everything), North Carolina will allow you to file an “Affidavit for Collection of Personal Property of Decedent” to speed up the process.
Why Would I Want to Avoid Probate, And What Should I Do if I Can’t?
As you know, any legal process involving the courts is likely to go more slowly than we would like it to. Probate is no exception. When an estate goes through probate, what remains after debts are paid may not be distributed to the inheritors for months or even years. There are costs involved, as well, some of which the court will take directly from the estate to cover probate fees. You may also want to avoid probate if you want your financial details kept private or if you have heirs who are likely to object to your desires. Probate is a public process with public records that can be accessed by anyone.
If you cannot avoid probate due to the specifics of the estate in question, your best bet is to hire a skilled probate lawyer to help you through the process. This attorney can help gather the needed records, obtain appraisals, validate any last will, and help the executor with all of the complex duties of administering an estate. Most executors are not legal professionals and can find the probate process daunting. Professional legal counsel can help you to ensure that all aspects of estate administration are handled fairly, legally, and ethically.
What if There Was No Will?
In almost all cases, if a person dies without a will, their estate must go through probate. Because the deceased did not make their wishes known for the distribution of assets or appoint an executor, the court will both appoint someone to administer the estate and determine who, according to state law, will inherit anything that is left after debts are paid.
You want to save your loved ones the headache and heartache of going through probate when you pass away. See one of Craig Associates’ experienced and knowledgeable probate attorneys whether you are ready to create a solid estate plan, or you need help going through the probate process for a deceased loved one’s estate. Contact us at 828-900-1809 to get the sound legal advice you need.
