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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.
If someone does have the Will, they will have to file it with the court if they want to challenge your petition. Once a Will is filed, it is a public record, meaning anyone can view it. The original will stay with the court forever. Copies of the original Will are available to anyone willing to pay for it.
Unlike South Carolina and many other states, real property in North Carolina does not typically pass through probate. When a decedent dies intestate (without a Will), title to the decedents non-survivorship real property is vested in his or heir heirs as of the time of death [G.S. 28A-15-2(b)].
If both parents are deceased, then your siblings (or the descendants of your deceased siblings) will inherit your property. If you are single, have no surviving descendants, and no surviving parents, surviving siblings, or nieces or nephews, then your property will be split into two halves.
An heir is a person who is legally entitled to collect an inheritance when a deceased person did not formalize a last will and testament. Generally speaking, heirs who inherit the property are children, descendants, or other close relatives of the decedent.
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If the decedent has none of these relatives, assets generally are distributed to family members in the following order of priority: 1) parents; 2) siblings and the children, grandchildren, etc., of deceased siblings; 3) grandparents; 4) aunts and uncles and, if deceased, their descendants.
It is a customary estate planning practice for each spouse to have his or her own will. While some practitioners may draft a joint will for a married couple, it is not recommended.
If the decedent has none of these relatives, assets generally are distributed to family members in the following order of priority: 1) parents; 2) siblings and the children, grandchildren, etc., of deceased siblings; 3) grandparents; 4) aunts and uncles and, if deceased, their descendants.
Key Takeaways. Wills only become public records after theyve been filed with a probate court. Getting a copy of a will after probate has begun is simple and possible for anyone. Heirs and beneficiaries usually are entitled to a copy of the will, even if it hasnt been filed with the court.
How Does the Court Determine the Executor? Review the Will. First, the court will review the persons will to determine if they named anyone executor of the estate. Ask for Applications. First, the court will ask specific people close to the decedent to assume the executors responsibility. Grant Letters of Administration.

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