Losing a loved one is one of the most difficult things people must face in life. One aspect that can make this experience more stressful is the settling of the decedent’s estate. One of the most important things you can do for your loved ones is to have a carefully drafted will. A will is a document that controls and directs the disposition of property at death. A testator is a person who makes and executes a will.

If a person does not have a valid will at their time of death (dies “intestate”), their property will be distributed according to the Intestate Succession Act, which is a formula established by law to determine which property goes to whom. Thus, having a will is the only way to ensure your property goes to the people or charities you choose.

The drafting of a will requires professional judgment that can only be obtained by years of training, experience, and study. Only a practicing lawyer can avoid the innumerable pitfalls and advise the course best suited for each situation. For example, a will drafted in a state other than North Carolina may not be valid within North Carolina. A will can be changed or added to by the testator by drafting a new will or by adding a codicil to the current will. A codicil is simply an addition or amendment to an existing will and executed with the same formalities as a will.

If a person dies leaving a will, they may have appointed a specific person to be the Executor of the estate. If a person does not have a will, the court will appoint an Administrator, which is usually the next of kin of the deceased. The functions of the Executor and Administrator are essentially the same, with each having the following minimum duties:

* Safeguard the estate’s property
* Inventory the property
* Submit accounts and inventories to the court as required
* Pay the debts and expenses of the deceased (including funeral and burial expenses, costs
of last illness, and outstanding medical bills)
* Pay any federal or state death taxes
* Distribute the assets of the estate to those named in the will or, if no will exists, to the next
of kin

As one might guess, these duties often require a great deal of time in communicating with the clerk’s office, filing documents, retaining an accountant for tax filings, etc. The estate may pay (with the approval of the court) the Administrator or Executor a small percentage of the estate for performing these duties. The attorney will discuss with you her fees based upon the particular facts and circumstances .

The Executor/Administrator of the estate must notify the estate’s creditors of the death of the person. Also, several inventories must be periodically submitted to the court to document the inflow and outflow of any property or funds to or from the estate. Generally, the Executor/Administrator will use the estate’s assets to pay creditors, pay the expenses, taxes, and bills of the estate, and use the remaining assets to distribute to the heirs of the estate.

Although an estate may be settled in 12 months from retaining the attorney, many larger estates need more time to be settled. Of course the length of time required is highly dependent on the facts and circumstances behind each case. The attorneys at Alexander & Doyle, P.A. are experienced in handling both probating an estate and preparing wills and trusts. Call us to schedule a free initial consultation.

Ms. Alexander and Ms. Doyle are licensed to practice in the state of North Carolina. The firm of Alexander & Doyle, PA does not seek to represent you based upon your visit or review of this website. The material included in this website is not intended as legal advice. Readers should not act on information contained in this material without professional legal counseling. This is an advertisement.