Probate & Estate Administration
Guiding Families Through the Legal Process
When a loved one passes away, probate and estate administration determine how their assets are distributed and ensure their final wishes are carried out. For many families, this process can feel overwhelming, especially while grieving.
At The Walls Law Group, we help executors, administrators, and beneficiaries manage the probate process with clarity and confidence. Whether your loved one had a will or passed away without one, we provide legal guidance to ensure the estate is handled properly.
What is Probate?
Probate is the legal process of settling an estate, which may involve:
Authenticating a will (if one exists)
Appointing an executor or administrator
Identifying and valuing assets
Paying outstanding debts and taxes
Distributing assets to heirs and beneficiaries
If a person dies without a will (known as dying intestate), the court follows North Carolina intestacy laws to distribute the estate. The process can take anywhere from a few months to several years, depending on the complexity of the estate and whether disputes arise.
The Probate Process
Each estate is different, but probate generally follows these steps:
Locate the Will or Trust – Determines who will manage the estate.
Inventory Assets – Identify and document all assets, including real estate, financial accounts, and personal property.
Court Qualification – The executor (or administrator) must be formally recognized by the court to act on behalf of the estate.
Notify Creditors & Beneficiaries – Legal notice must be provided to interested parties, including creditors and heirs.
Pay Debts & Taxes – All outstanding debts, taxes, and claims against the estate must be settled.
Distribute Assets – Once debts are cleared, the remaining assets are transferred to the rightful beneficiaries.
File Final Accounting & Close the Estate – The executor submits all required documentation to the court and requests approval to close the estate.
Important: Executors should never re-title assets before speaking with an estate attorney. Mistakes in probate can lead to legal liability and financial complications.
Why Work with an Estate Administration Attorney?
Probate can be legally and financially difficult to manage. Executors are responsible for ensuring the estate is administered correctly, and they can be held legally accountable for errors. Working with an experienced attorney helps:
Avoid probate delays by ensuring documents are filed correctly
Reduce legal risks and protect the estate from unnecessary disputes
Ensure proper tax filings to prevent unexpected liabilities
Simplify the process so executors and family members can focus on what matters most
If your loved one did not create an estate plan before their passing, we can guide you through intestate administration, helping you determine how North Carolina law applies to the estate.
Start the Probate Process with Confidence
Losing a loved one is difficult, and handling legal matters can add stress to an already emotional time. The Walls Law Group is here to provide guidance and support throughout the probate process.