When is probate required for real estate?

Probate is a legal process that is required after someone dies and they have assets that need to be passed down to their heirs. In North Carolina, probate is required for real estate if the deceased owned the property solely in their name at the time of death. It is not required for real estate if the property was jointly owned by two or more people and if the surviving owners are named in an official document, such as a contract or deed. When probate is required, it involves the collection of the deceased person’s assets and creditors being paid if applicable. The executor of the estate, who is typically a family member or an estate attorney, manages the entire process. They are responsible for collecting the assets, locating heirs, paying creditors, and distributing the remaining assets to the rightful heirs. This process must be completed in a timely manner, as the state of North Carolina has certain deadlines that must be met. Probate is not always required for real estate, but it is important to speak with an experienced attorney if you are unsure whether it is necessary.

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