
What To Do When A Loved One Dies – Estate Administration Processes in NC

"What do you do when someone dies?"
Administering an estate fulfills the final wishes of the deceased, as well as any outstanding financial obligations, such as taxes, asset distribution, or debt. To start the process of estate administration, there are a steps that you must follow and documents to procure. Different steps are taken if the decedent left a will, versus if they died without a will. So, the first question to be answered is whether or not the person had a will, trust, or any other estate plan in place.What Do You Do When Someone With a Will Dies?
Testate Estate
If there was a will (a testate estate), the North Carolina General Statutes provide a definite set of rules that must be followed. Documents you will need:- Last Will and Testament
- Application For Probate And Letters
- Death Certificate
- Letters of Testamentary
What do you do when someone dies without a will?
Intestate Estate
In situations where the person died and did not have a will, the estate is administered through intestate succession. Documents You Will Need:- Last Will and Testament
- Application For Letters Of Administration
- Death Certificate
- Letters of Administration
What if the Estate Isn't Very Large?
Small Estate Administration
Some estates with a value of less than $20,000 can be handled by way of small estate administration. In these instances, an affidavit is submitted by a Collector to deal with the assets and debts of the deceased.Helpful Estate Procedures Resources
Terms & definitions:
Decedent - The person who has died. | |
Decedent has a will |
Decedent does not have a will |
Testate - The decedent has died testate if they have a will in place.Executor - Named in the decedent's will, the Executor (executor of a will) is responsible for carrying out the obligations of the deceased person. Letters of Testamentary - Official documents provided by the Clerk of Superior Court that grant the Executor the authority to carry out their responsibilities as executor of a will. Application For Probate And Letters - Form submitted by the Executor to apply for the Letters. | Intestate - The decedent has died intestate if they do not have a will.Administrator - Appointed by the court in cases where there is no will, the Administrator (administrator of the estate) is responsible for carrying out the obligations of the decedent. Letters of Administration - Official documents provided by the Clerk of Superior Court that grant the Administrator authority to carry out their responsibilities as administrator of an estate. Application For Letters Of Administration - Form submitted by the Administrator to apply for the Letters. |
Forms & Resources:
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- Estate Procedures for Executors, Administrators, Collectors By Affidavit, and Summary Administration by the North Carolina Administrative Office of the Courts
- Application For Probate And Letters (AOC-E-201)
- Application For Letters Of Administration (AOC-E-202)
Speak to an Experienced Estate Administration Attorney
If you are the one responsible for handling the deceased’s estate, having access to quality legal services for estate administration is invaluable. We serve areas including Raleigh, Apex, Wake Forest, Cary, and surrounding areas. Please fill out the form below or call The Doyle Law Offices today at (919) 228-4487 and let us help you with Estate Administration.
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