Legal Question in Wills and Trusts in North Carolina

My father died several years ago. I am an only child. He has no surviving siblings. How do I deal with his will? I don't have money to hire an attornet, nor do I have a credit card for a "deposit".

Asked on 8/16/11, 7:55 am

1 Answer from Attorneys

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I don't know why you need a credit card.

Did your father live in NC? Did he have any assets? You can probate a will on your own, but I don't know whether probate is even necessary. If your father had a very small estate, the court may be able to give you forms that will allow you to collect any money that is in bank accounts.

As your father's only child, his assets would pass to you under the intestacy laws, but you state that there is a will. If that is the case, who does the will name as executor? It is the executor's job to probate a will. Are you also the named beneficiary?

I would start by taking the will, a copy of your father's death certificate and a list of your father's assets and approximate values to the clerk of the court in the county where your father lived at the time of his death. Make an appointment to sit down with the clerk and see if its necessary to probate an estate or if you can use the affidavit to collect/disburse the assets.

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8/16/11, 5:52 pm

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