If you’ve recently lost a loved one and you’re now hearing this term, “probate,” you might be wondering—what is it? And do I need to worry about it?
I’m Ryan Smith, a licensed real estate agent and certified probate expert here in New Hanover County, NC. I work with families going through this every single day, and I’m here to break it down in plain English.
Quick disclaimer before we start: I’m not an attorney, so this isn’t legal advice—just helpful information based on real experience. I always recommend talking to a probate attorney, even if it’s just one conversation, to make sure you’re doing things right. If you need a recommendation for a great attorney here in Southeastern North Carolina, just reach out and I’ll connect you.
So What Exactly Is Probate?
Think of probate as the official cleanup process after someone passes away.
It’s how we legally wrap up their financial life—pay their bills, settle what they owed, and make sure their property goes to the right people.
Here in North Carolina, this happens through the Clerk of Superior Court. When someone says “we need to probate the estate,” they just mean “we need to go through the official legal steps to handle this person’s stuff.”
That’s it. Nothing scary—just a legal process with specific steps.
What Does Probate Actually Do?
Probate answers three important questions:
ONE: Is there a will? And if so, is it valid?
TWO: Who’s in charge now? Who has the legal authority to handle this person’s affairs?
THREE: How do we make sure everything gets handled correctly?
Let me break down exactly how probate addresses each of these questions and why it matters to you.
The 5 Ways Probate Helps You
Here are the five main things probate does—and why each one actually protects you:
1. It Makes the Will Official
The court checks that the will was signed correctly, had witnesses, and that the person was in the right state of mind when they made it.
This validation process ensures that the document everyone is relying on is actually legitimate and legally binding. Without this step, anyone could challenge the will’s validity, creating family disputes and legal complications.
2. It Gives Someone Legal Power to Act
The court appoints an executor (if there’s a will) or administrator (if there isn’t). This person gets official documents called “Letters”—and these are crucial.
Without these Letters:
- Banks won’t talk to you
- You can’t sell property
- The DMV won’t transfer the car
- Investment companies won’t release funds
- You’re essentially stuck
With these Letters:
- You have legal permission to access accounts
- You can sell real estate
- You can transfer vehicles
- You can close accounts and distribute assets
These Letters are your legal permission slip to get things done. This is one of the most important functions of probate because it gives you the authority you need to actually handle the estate.
3. It Handles Debts the Right Way
When someone dies, their debts don’t just vanish.
Probate creates a fair process where creditors have specific deadlines to come forward and make claims against the estate. There’s a legal order for which debts get paid first, and clear rules about what happens if there’s not enough money to pay everyone.
Here’s why this matters to you: When done properly through probate, this process protects you from being personally responsible for their debts. The estate pays what it legally owes, and you’re shielded from liability.
4. It Makes Sure the Right People Get What They Should
Once debts are paid, probate ensures assets go to the correct people—either according to the will, or if there’s no will, according to North Carolina’s intestacy laws.
This removes ambiguity and provides a clear legal framework for distribution. It prevents disputes and ensures fairness in the process.
5. It Keeps Everyone Accountable
The Clerk of Court watches over the entire process.
This protects heirs from an executor who might try something shady or mismanage the estate.
This protects executors by showing they did everything by the book and followed all legal requirements.
There’s transparency and oversight, which creates trust and prevents problems down the road.
Why Probate Is Actually Your Friend
I know probate sounds like a hassle—more paperwork, more time, more money.
But here’s why it’s actually worth it:
You Get Legal Authority
Without probate, you’re stuck. You can’t touch bank accounts, sell the house, or transfer anything. With those Letters from the court? You can finally handle what needs to be done.
You’re Protected from Debt Collectors
When the estate pays debts through probate, creditors can’t come after you personally later. The legal process creates a shield between the estate’s obligations and your personal finances.
Family Disagreements Get Resolved Fairly
Instead of emotional arguments, the law provides clear answers. If there’s conflict about who should be in charge or who gets what, the court makes decisions based on legal principles, not family drama.
You Get Clean Title to Property
When you eventually sell inherited real estate, the buyer’s title company needs to see a clear legal chain of ownership. Probate creates that clean title, making future transactions smooth and problem-free.
This is where I help families all the time—understanding how probate affects real estate and what steps are needed to eventually sell or transfer the property.
You Have Peace of Mind
You know everything was done correctly and legally. There’s no wondering years later if something was missed or handled improperly. The court’s oversight ensures everything was done right.
Where Do You Go for Probate?
If the deceased lived in New Hanover County, you’ll go to the courthouse in downtown Wilmington.
Pender County? That’s Burgaw.
Brunswick County? That’s Bolivia.
North Carolina law says you file where the deceased person lived. The Clerk’s office staff handle probate cases every day and can walk you through the paperwork—though they can’t give legal advice, which is why a probate attorney is so helpful.
The Clerk’s office can provide you with forms and general information about the process, but an attorney can guide you through the specific requirements of your situation and make sure everything is done correctly from the start.
What About Real Estate?
This is where I help a lot of clients.
If the deceased owned property solely in their name, probate is almost always required before you can do anything with it. You can’t sell it, refinance it, or transfer it without going through the probate process and getting those Letters that give you legal authority.
I help families navigate probate real estate decisions all the time. Whether you’re wondering:
- Should we sell the property or keep it?
- What’s the property worth?
- What repairs or updates should we make?
- How long will it take to sell?
- What are the costs involved?
As a certified probate expert who works closely with top probate attorneys in the area, I can walk you through your options and help you make smart decisions about inherited property.
Common Questions About Probate
“How Long Does Probate Take?”
In North Carolina, probate typically takes several months to a year or more, depending on the complexity of the estate. I’ll cover the timeline in detail in another post, but the short answer is: it’s not quick, which is why starting early is important.
“How Much Does Probate Cost?”
Costs vary based on the size and complexity of the estate, but typically include court filing fees, attorney fees, and administrative costs. For a straightforward estate, you’re usually looking at a few thousand dollars total, paid by the estate itself.
“Can I Avoid Probate?”
Sometimes, yes! If assets were owned jointly, had named beneficiaries, or were in a trust, you may be able to avoid probate entirely. Check out my post on “5 Reasons You Don’t Need Probate” for more details.
“Do I Need an Attorney?”
You’re not legally required to hire an attorney for probate in North Carolina, but most people do—especially if there’s real estate involved or the estate is at all complicated. An attorney ensures everything is done correctly and protects you from costly mistakes.
Bottom Line: Probate Isn’t the Enemy
Probate isn’t the enemy. It exists to help you, protect you, and make sure nothing falls through the cracks.
It gives you legal power, shields you from personal liability, and ensures everything is handled right. Yes, it takes time and involves paperwork, but it provides structure and protection during an already difficult time.
What to Do If You’re Facing Probate
If you’re facing probate right now, here’s what I recommend:
1. Talk to a probate attorney. Even one conversation can clarify your situation and give you a roadmap for what’s ahead. If you need a recommendation for an excellent probate attorney in the New Hanover area, reach out and I’ll connect you.
2. Gather important documents. The will (if there is one), death certificate, list of assets, list of debts—having these organized will make the process smoother.
3. Don’t wait. If you need to go through probate, starting sooner rather than later gives you more flexibility and control over the timeline.
4. If there’s real estate involved, reach out to me. I can help you understand your options, avoid costly mistakes, and make informed decisions about inherited property.
Your Next Steps
Have questions about probate? Wondering whether you need to go through the process? Not sure what to do with inherited property?
I’m here to help. I work with families navigating these situations every day here in New Hanover County and surrounding areas.
Coming up next: In my upcoming posts, I’ll cover how long probate actually takes and walk you through the step-by-step process from start to finish. Make sure you check back so you don’t miss those.
If you’ve inherited property here in New Hanover County or anywhere nearby—whether you have questions about probate or what to do with that house—reach out. As a certified probate expert who works with top probate attorneys in the area, I help families through this all the time.
Thanks for reading. You’ve got this, and I’ll see you in the next post.