Probate or Estate Administration? Let Ryals Law guide your way.

What is Probate?

Probate is the judicial procedure by which a testamentary document, usually a Last Will and Testament, is established to be a valid will and accepted by the court. Then the court will authorized the named executor to start taking actions on behalf of the decedent’s estate.

There are several different types of wills, so if you have any kind of handwritten notes that are signed and dated by the decedent (Holographic Will), or even a will that appears to missing signatures or incomplete. You should get the document reviewed by Atty. Ryals to ensure you are compiling with the wishes of your deceased loved one and also the laws of North Carolina.

What if there is no Last Will and Testament?

If the person passes away without a will, then they would be considered to have passed away “intestate” and the NC General Statutes will actually provide a will for the deceased. While the state does provide a clear set of rules for distribution a decedent’s estate among their next of kin, the rules can be complex. We can help you navigate the process and simplify the rules and court forms.

What if the Last Will and Testament is Missing?

While the presumption in NC is that if the will is missing the decedent intentionally destroyed it with an intent to revoke the will. That is a rebuttable presumption, in fact you can, in a lot of circumstances probate a digital copy of the will so long as certain factors apply.

We would need to meet with you to review your specific facts in an initial consultation. From there we can establish the best path forward, and discuss the costs for attorney fees and court costs.