Hendersonville Probate Lawyer

Probate is the process of dividing a decedent’s assets. The county probate court supervises the proceedings, and a personal representative, often the surviving spouse or a close relative, is responsible for carrying out the process. North Carolina has three types of probate procedures depending on the value of the property involved:

• Claiming personal property with an affidavit: If the decedent’s assets do not exceed $20,000 in value or $30,000 if the surviving spouse inherits everything under state law, you can fill out an affidavit and present it to the institutions that control the property you inherit. 
• Summary probate: During this simplified process, you file a petition to the probate court. The court will issue an order that no further probate procedures are necessary. Then, you can present this order to collect property.
• Formal probate: All other probates fall into this category, which has more steps and complications. Formal probates typically occur when real estate is involved or there are disputes about beneficiaries and asset division. 

We understand that dividing assets and going through the probate process can be daunting, so we are here to make it as stress-free as possible. Our knowledgeable probate lawyers can help you determine what assets need probating and which type of probate proceedings you need to pursue based on your unique situation.

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The personal representative during the probate process is the individual in charge of dividing assets. This could be the decedent’s surviving spouse, close relative, or someone they named in their will. If there is no will, the next of kin or someone who petitions to act as the executor. If you are the personal representative of the decedent, you are responsible for carrying out the following tasks:

• Collecting and taking inventory of the decedent’s assets 
• Keeping assets safe
• Having assets professionally appraised if needed
• Selling any assets
• Paying debts, filing a tax return on the assets, and handling other estate taxes
• Distributing assets as per the will or state law

Our compassionate probate lawyers understand the pressure you may feel as a personal representative. We can help you make difficult decisions and make sure everything goes smoothly. No one wants to argue with their loved ones, so we use our advanced mediation skills to settle disputes and handle disagreements calmly and rationally. 

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In Hendersonville, you only need to probate property the decedent owned in their name exclusively. Any assets the deceased person shared with someone else can be transferred to the appropriate beneficiary without probate. You may also need to pursue probate proceedings in the following cases:

• Your family disagrees about asset division
• The beneficiary or heir is under 18
• Your family disputes the proper beneficiary or heir
• Real estate is included in the assets
• High-value assets are involved
• The will is invalid or poorly written

Every probate case is different, so we consider the details of your situation when developing a plan that meets your needs. We communicate honestly about your legal options so  that you know what assets need to be probated and how to handle the process correctly. 

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