Not every family is required to go through the long and formal process of probate. Many states, like North Carolina, have established shortcuts in transferring property after a decedent’s death. A probate attorney in Broadway North Carolina can evaluate a case and determine whether the probate process is actually necessary. In the case of small estates, a probate attorney in Broadway North Carolina may be able to help families more quickly inherit and sidestep the probate process.
North Carolina allows a person to submit an affidavit if the estate is under a certain value. A probate attorney can help prepare the Affidavit for Collection of Personal Property of Decedent. On this form, he or she states that the decedent’s personal property is valued at less than $20,000 or less than $30,000 if the individual on the affidavit is the surviving spouse who has the right to inherit everything according to state law. The affidavit must also state that it has been at least 30 days since the decedent’s death. The lawyer also identifies assets and their value on the affidavit, along with a description of the legal reason for the inheritance, either through the will or through the laws of intestacy.
A probate attorney also assists in filing this affidavit with the appropriate county probate court. The attorney can provide copies of this filing to the individual who stands to inherit. The beneficiary then takes the form to the financial institution that is holding the asset or who is controlling the asset, such as a bank or department of motor vehicles.
Probate attorneys can assist with this process and with informing beneficiaries of other responsibilities that they have under this process. They can also check to make sure that no one else has initiated a probate proceeding, which can invalidate this process.