Is probate always required?

Formal probate is not always required. It is only required if there are assets controlled by the Will. Often, a person who has received thoughtful estate planning, has successfully planned to avoid probate (and the related court fees, legal fees, and delays) through the use of a Revocable Living Trust.  Even where there are assets to be administered under the Will, in the State of North Carolina, a small estate alternative to formal probate may be available for an estate if the value of the estate (after debts are paid) is less than $20,000 and more than 30 days have passed since the decedent’s death. The amount is increased to $30,000 for a spouse if he/she is the sole heir to the estate. If the estate qualifies, you may use an affidavit to transfer personal property without the need to go through the full probate.  This is still a formal probate, but slightly less complicated.  It is more common to avoid probate for a surviving spouse trough the exercise of the “spousal allowance”, which allows the surviving spouse (assuming these rights have not been waived by agreement) to claim up to sixty thousand dollars ($60,000.00) of assets from what would otherwise be the probate estate without the initiation of a probate proceeding.