Legal Question in Wills and Trusts in North Carolina

What do I do about my properties after completing probate.

Asked on 3/18/13, 1:27 pm

1 Answer from Attorneys

I don't understand. Probate is a process for proving a will of someone who has died. The balance of the responsibilities is called estate administration.

As you are posting this, I assume that you are alive and that you were either named or appointed as a personal representative for a deceased person and that real property in North Carolina was left to you as a beneficiary/heir.

You must not have hired estate counsel to assist or you would not be asking this question. Assuming that this is an NC estate and that the real property is in NC and that all debts/claims of the estate have been paid, the estate is ready for closure.

Once the estate is closed, the personal representative can either issue executor's deeds to the beneficiaries or they can simply take the will or other documents which indicate closure of the estate to a real estate attorney for preparation of a new deed. If you are the beneficiary of the land, then you can go to a real estate attorney. It is not necessary to have a need deed prepared and I would not necessarily go to this expense if you are going to sell the property. However, if you want it in your name, this can be done by any real estate attorney assuming the land is owned free and clear and the estate is closed.

If you have not already done so, prior to closure of the estate, I would sit down with a probate attorney and pay the attorney to review what has been done and ensure that the estate is indeed ready for closure. The probate attorney also should be able to assist in preparing the deeds if all is in order.

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Answered on 3/18/13, 2:11 pm

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