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A Letter of Testamentary is a document granted to the Executor of an estate by the probate court. This document gives the Executor the authority he or she will need to formally act on behalf of the decedent. It gives the right to handle financial and other affairs related to closing out the estate.
For small estates, North Carolina has a simplified process which allows you to wrap up the estate without formal probate. This process applies to estates with personal property valued at $20,000, or $30,000 if the surviving spouse inherits everything under state law.
Whether an estate has to be probated depends on how the decedents (the person who has died) property is titled (owned) when they die. Some property may not be part of the probate estate because it passes directly to another person by law.
While there are exceptions, it is expected that probate will be filed within 60 days of a persons death. During that period, a death certificate and copy of the will should be obtained and all paperwork filed with the court, including the appointment of the executor or personal representative.
In general, expect it to take at least six months up to a year before probate is closed and the assets distributed to the heirs. If there are disputes, claims against the estate or other delays, it could take much longer.
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Subject to the provisions of this article, a person in the following relation to the decedent is entitled to appointment as administrator in the following order of priority: (a) Surviving spouse or domestic partner as defined in Section 37. (b) Children. (c) Grandchildren. (d) Other issue.
The institution will turn the property over to you or issue a new title document showing you as the owner. If no one has initiated a probate proceeding, the person who files the affidavit collects the personal property, pays debts of the estate, and distributes whats left to the people who inherit it.
Upon submission of satisfactory documents, the Clerk of Superior Court will issue to the Executor a document known as Letters of Testamentary. These Letters are required in order that the Executor can begin to address the affairs of the deceased person and administer the estate.
Letters testamentary are documents that a probate court delivers to the executor of the deceaseds estate to enforce the terms of the deceased persons will. A court can issue letters testamentary only to persons who are chosen as an executor in a will.
If an Executor was nominated in the Will, then they must file for Probate within 30 days of the persons death. Otherwise, they may be waiving their right to the Executor appointment. If the family chooses to file a small estate affidavit instead, then they must wait until 40 days have passed after the date of death.

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