A Last Will and Testament, also known simply as a Will, is a document that states what an individual, or testator, desires to happen to their estate when they die. It is generally used to state who the testator appoints as the personal representative (sometimes called the “executor”) of the estate as well as who the testator wishes to have custody of their minor children. A Will becomes effective at the time of the testator’s death, and the executor is in charge of administering the Will according to its terms and conditions. At Carolina Estate Planning, Attorney Jeff Bloomfield and his team have the knowledge and experience to craft your Will according to your wishes so that you can be sure your loved ones will be cared for even after you’re gone.
North Carolina Probate Process With A Will
When a person dies testate, or with a Will, the executor named in the Will submits an application to be appointed Personal Representative to the Clerk of Superior Court in the county in which the decedent resided. Once the Personal Representative is appointed, assets and existing debt are determined and the debt will be paid. Heirs to the estate must also be ascertained and the remaining estate distributed pursuant to the terms of the Will. Administration of an estate through probate can be an arduous and time consuming task. At Carolina Estate Planning, we can guide you every step of the way through this process.
North Carolina Probate Process Without A Will
When a person dies intestate, or without a Will, the process of estate distribution begins when the Clerk of Superior Court in the county in which the decedent resided appoints an administrator, usually upon their application. The administrator then determines the debts and assets of the estate and settles the debts. After that, the estate is distributed according to the North Carolina statutes that deal with intestate succession. The deceased’s wishes and close personal relationships are not considered when the estate is distributed, which is why having a valid Will is crucial.
Types of Wills Recognized In North Carolina
There are three types of Wills recognized in North Carolina under North Carolina General Statute Chapter 31. A brief, general description of each follows.
- Attested Written Wills: Attested Written Wills are written (generally typed), signed and witnessed according pursuant to statutory requirements.
- Holographic Wills: Holographic Wills are written totally in the handwriting of the testator, have the testator’s name written on it, and are found among the testator’s personal effects after their death.
- Nuncupative Wills: A Nuncupative Will is a Will that has been made orally by a person that is in peril or imminent danger of death and does indeed die. Nuncupative Wills must be witnessed by two competent witnesses at the same time.
Let Jeff Help Create Your Last Will and Testament
Legacy planning is what I do best, and the creation of Last Wills and Testaments is a big part of that practice. I encourage you to contact me today by calling 336-221-4457 or via my contact page to begin the estate planning process. Drafting a Will doesn’t have to be scary. We can work together to put the necessary steps in place to offer your family security and peace of mind upon your death.