Marion Probate Lawyer

Probate is the process in which the decedent’s surviving spouse or close family member receives the authority to gather and transfer their assets and pay their debts and taxes. North Carolina has three types of probate processes, which include the following:

Simple Probate With an Affidavit

If the value of the decedent’s estate is lower, you may be able to file a form with the probate court instead of going through the formal probate process. In this case, the form you must fill out is called Affidavit for Collection of Personal Property of Decedent. It gives the court more information about the estate and assets. Once you file the form in the county the decedent lived in, you can present the certified document to the institutions that control the property you would like to put in your name.   

Summary Probate

This is another simplified probate process that can be done if the only surviving beneficiary or heir is the decedent’s surviving spouse. If you are the surviving spouse, you must file a petition with the probate court with the will and other supporting documents. The court then issues an order that no other probate proceeding is needed. You can present a copy of this order to collect the decedent’s property.

Formal Probate

All other types of probates fall into the formal category. In these cases, the surviving spouse, closest family member, or other personal representative manages asset distribution. This process tends to be longer than the other types of probate and involves many difficult decisions. We can help you make the necessary choices to make the probate process less stressful.

In North Carolina, probate is only required if the decedent owned assets in their name alone. Assets shared between the decedent and someone else can be transferred without probate. Other situations in which you may need to go through probate include the following:

• The will was poorly written
• Your family debates the proper heir or beneficiary
• The assets involved are of high value
• The beneficiary or heir is a minor
• Real estate is involved
• Your family disputes how to divide the assets

We understand the probate process can be confusing, so we can answer all your questions and help you determine which assets, if any, need to be probated. Our professional Marion probate lawyers remain calm and level-headed every step of the way to help resolve any high-tension disagreements and complete the probate as swiftly as possible.