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The Potter Law Firm

North Carolina and Kentucky Estate Planning Attorneys

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KY (606) 324-5516
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Home » Huntersville, NC Probate Resources

Huntersville, NC Probate Resources

The Potter Law Firm are committed to educating their clients, as well as all Huntersville residents. Therefore, we provide a comprehensive electronic library of special reports covering numerous estate planning and probate issues.  We also update our legal blog regularly in order to provide updates on the ever-changing laws relating to estate planning, probate and other legal areas we handle.  Finally, our seminars are always a valuable source of information.  Ultimately, it is our desire that Huntersville residents stay informed.  Here, we have provided a few links to useful probate resources.

Mecklenburg County Superior Court

Huntersville is located in Mecklenburg County. The Clerk of Superior Court for Mecklenburg County is responsible for probate matters and has exclusive original jurisdiction over matters relating to the probate of wills and the administration of estates. This includes including appointing personal representatives, reviewing their accountings, and taking steps to remove a personal representative if necessary.

Claiming Personal Property With an Affidavit

In cases where the estate that needs to be probated is not very significant, North Carolina provides a procedure that allows you to obtain approval from the local probate court to close the estate without formal probate proceedings.  A surviving spouse may be eligible for a spousal allowance of up to $30,000. Otherwise the small estate procedure requires submitting a form called an Affidavit For Collection Of Personal Property Of Decedent, which is a fillable form.

The affidavit requires you to confirm that the value of the personal property in the estate (excluding real estate) is less than $20,000. You must also state that a minimum of 30 days has passed since the individual’s death. A copy of the completed form is then filed with the Clerk.

If no one else has initiated a probate proceeding for the estate, the person who filed the affidavit will collect the personal property, pay any remaining debts of the estate, and distribute any remaining assets to those who should inherit it. After distribution, another affidavit must be filed notifying the court of how the property was distributed.

Court costs and Fees for North Carolina probate matters

Estate Procedures and forms

North Carolina Estate Administration Manual

North Carolina Probate Laws

Executors and Administrators

Understanding the executor’s responsibilities

In your role as an executor, you are charged with the responsibility of overseeing the probate process that will settle your loved one’s estate. In some instances, this will involve relatively little work – if the decedent’s estate is straightforward and not very complicated. In other instances, it could be a long, drawn-out affair that involves many assets, a stream of creditor claims, or even disgruntled heirs. Usually, it’s something between those two extremes.

The executor’s duties as a fiduciary

Executors have multiple duties to fulfill. These include a duty to take possession of and protect the decedent’s assets. You also have a duty to ensure that creditors are properly reimbursed for all valid debts. There’s a fiduciary duty to the heirs as well since it is your job to faithfully protect their interests in the estate, even as you’re paying debts and taxes as part of the probate process. You also owe a duty to the probate court, providing it with timely accountings and reports so that it can fulfill its supervisory responsibilities.

The Probate Process in North Carolina

There are a number of specific tasks that must be performed during the probate process. They include:

  • Presenting the will to the probate court
  • Locating assets and protecting them
  • Evaluating the estate
  • Identifying beneficiaries listed in the will
  • Notifying creditors
  • Paying valid debts
  • Determining any taxes owed by the estate
  • Giving a final accounting to the court

Retaining an attorney can protect an executor from liability

Of course, there is another way to protect yourself: retain an attorney. With a competent probate attorney by your side, you can better manage these complex issues and have the comfort that comes from knowing that your personal interests are protected. Even when you’re confident that you can manage these tasks on your own, it’s still helpful to have a professional in your corner to provide that extra layer of protection.

If you have questions regarding probate matters, please contact the experienced attorneys at The Potter Law Firm for a consultation. You can contact us either online or by calling us at (704) 944-3245 (Huntersville, NC or Charlotte, NC) or for individuals in Kentucky at (606) 324-5516 (Ashland, KY) or at (859) 372-6655 (Florence, KY).

Free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

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Testimonials

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Overall The Potter Firm was very professional. They took what could of been a very complicated process and were able to break it down so it was a lot easier to understand. We are confident we now have made the right decisions in our estate planning. Good firm to work with.

DKS & KMS Client Review August 28, 2020

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John Potter has been a real pleasure to work with. He is very knowledgeable and explains things in a very simplistic manner so the average person can understand how/why the laws are written. He is very attentive and asks questions in such a way that not only helps him understand your goals, but also helps you think about what type of goals and expectations you should be considering. Exemplary client service.

David J. Client Review August 28, 2020

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My husband and I selected Ms. Potter to assist with our small business. She responsive and attentive every time I have a question or need assistance, and is extremely knowledgeable and able to answer any legal question I have had. I know I can count on Ms. Potter for all of my business legal needs and I would highly recommend her to anyone needing legal assistance with such.

Jillian Client Review August 28, 2020

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Where We Are

Ashland

ASHLAND
1620 Carter Avenue
Ashland, KY 41101-7631
Phone: (606) 324-5516
Fax: (606) 324-4766

Charlotte

CHARLOTTE
15720 Brixham Hill Avenue
Suite 300,
Charlotte, NC 28277
Phone: (704) 944-3245

Huntersville

HUNTERSVILLE
11330 Vanstory Drive
Huntersville, NC 28078
Phone: (704) 944-3245

Northern Kentucky

NORTHERN KENTUCKY
7310 Turfway Road
Suite 550,
Florence, KY 41042
Phone: (859) 372-6655

Office Hours

Monday8:30 AM - 4:30 PM
Tuesday8:30 AM - 4:30 PM
Wednesday8:30 AM - 4:30 PM
Thursday8:30 AM - 4:30 PM
Friday8:30 AM - 3:00 PM

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