Wills and Estate Administration

Why have a will?

If you are a resident of North Carolina and you die without a will, the state determines what happens to your stuff, and your children. Not you, not your spouse, not anyone else in your family.

In many cases these turn out to be the same. However, with careful planning and a well written will, the entire process can be done much more efficiently.

More importantly, after one's death, emotions run high, family members might argue about what the deceased really wanted to do with his stuff. A will makes a person's wishes very clear and can eliminate much strife at such a fragile time.

Can't I use one of those kits or software programs?

Sure you can. But saving a bit of money now might lead to the creation of an invalid will, or one that may be easily contested later on.

In addition, these home drafted wills may not be properly executed, and therefore provide a false sense of security since an improperly executed will is the equivalent of not having one at all.

A relative died and in his will he appointed me as the executor of his estate. I don't know what to do.

You should contact the clerk of superior court in the county where the deceased last resided (that's the court that usually handles these matters and may be referred to as "probate court").

The clerk should be able to provide you with some general information (pamphlets) that describe the administration or probate of an estate.

Many attorneys can handle this matter for you for a reasonable fee. Of course, if there isn't much money or property available in the estate, you might want to tackle this yourself and seek guidance from an attorney on an "as needed" basis.

As administrator or executor (the newer term is "personal representative") of an estate, you are responsible for settling all the existing debts of the deceased, filing a final income tax return, collecting all money owed to the deceased, filing any wrongful death law suits, and distributing the remaining assets.

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