• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • BLOG
  • Newsletters
  • Reviews
    • Our Reviews
    • Review Us
  • Videos
  • Contact Us
  • WhoWe Are
    • A Message From Mark Costley
    • Meet Our Team
    • Communities We Serve
  • WhatWe Do
    • Advanced Estate Planning
      • Asset Protection
      • Business Succession Planning
      • Charitable Giving
      • Family Foundation
      • Family Limited Partnerships
      • Grantor Retained Annuity Trust
      • Irrevocable Life Insurance Trust
      • Planning For Charitable Gifts
    • Counseling Non-Profits
    • Elder Law and Special Needs Planning
    • Estate and Gift Tax Planning
    • Estate Planning
    • Probate & Trust Administration
    • Process
    • SECURE Act
    • Social Entrepreneurship & Business Law
  • WhyWe Do It
    • Peace Of Mind
  • Resources
    • Caregiving Resources
      • Caregiving Worksheets
      • Our Book
    • Definitions
    • Elder Law Reports
    • Estate Planning Resources
      • Estate Planning Articles
      • Estate Plan Checkup
      • Estate Planning Reports
      • Is Your Estate Plan Outdated?
      • Top 10 Estate Planning Techniques
    • Frequently Asked Questions
      • Elder Law
      • Estate Planning
      • Estate Planning for Parents
      • FAQs for Families Without an Estate Plan
      • Divorce and Your Estate Plan
      • Estate Planning for Women
      • Estate Planning 101
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Nursing Home Planning
      • Spliter
        • Philanthropy and Your Estate Plan
        • Planning for Dementia
        • Probate
        • Serving as Executor
        • Special Needs Planning
        • Tax Avoidance Planning
        • Trust Administration & Probate
        • Understanding the Social Security Retirement System
        • Will Contests
    • Pre Consultation Form
    • Probate Resources
      • Chapel Hill Probate
      • Raleigh Probate
    • Professional Resources

Clarity Legal Group

Estate Planning Information Center

919-484-0012 Schedule Consultation
Attend a Free Seminar
  • WhoWe Are
    • A Message From Mark Costley
    • Meet Our Team
    • Communities We Serve
  • WhatWe Do
    • Advanced Estate Planning
      • Asset Protection
      • Business Succession Planning
      • Charitable Giving
      • Family Foundation
      • Family Limited Partnerships
      • Grantor Retained Annuity Trust
      • Irrevocable Life Insurance Trust
      • Planning For Charitable Gifts
    • Counseling Non-Profits
    • Elder Law and Special Needs Planning
    • Estate and Gift Tax Planning
    • Estate Planning
    • Probate & Trust Administration
    • Process
    • SECURE Act
    • Social Entrepreneurship & Business Law
  • WhyWe Do It
    • Peace Of Mind
  • Resources
    • Caregiving Resources
      • Caregiving Worksheets
      • Our Book
    • Definitions
    • Elder Law Reports
    • Estate Planning Resources
      • Estate Planning Articles
      • Estate Plan Checkup
      • Estate Planning Reports
      • Is Your Estate Plan Outdated?
      • Top 10 Estate Planning Techniques
    • Frequently Asked Questions
      • Elder Law
      • Estate Planning
      • Estate Planning for Parents
      • FAQs for Families Without an Estate Plan
      • Divorce and Your Estate Plan
      • Estate Planning for Women
      • Estate Planning 101
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Nursing Home Planning
      • Spliter
        • Philanthropy and Your Estate Plan
        • Planning for Dementia
        • Probate
        • Serving as Executor
        • Special Needs Planning
        • Tax Avoidance Planning
        • Trust Administration & Probate
        • Understanding the Social Security Retirement System
        • Will Contests
    • Pre Consultation Form
    • Probate Resources
      • Chapel Hill Probate
      • Raleigh Probate
    • Professional Resources
Home » BLOG » Estate Planning » Is Probate Always Required?

Is Probate Always Required?

When you are making any type of important financial decision, you are going to do your research. This should extend to your estate planning efforts. You should understand all of your options with regard to asset transfer vehicles, and you should understand the advantages and disadvantages that go along with each of them.

If you die with a Will or with no estate plan at all, the property that is in your personal possession may become probate property unless certain circumstances exist. Our firm practices in North Carolina. In the state of North Carolina, there are a couple of probate shortcuts which exist for small estates.

Collection by Affidavit

It may be possible to claim property through the execution of an affidavit if the value of the personal property that comprises the probate estate is $20,000 or less. This figure would increase to $30,000 if the surviving spouse is the only heir to the estate.

If all of the probate property is going to the surviving spouse, a summary probate process may also be available.

If the above circumstances do not exist, the legal process of probate will be a factor, unless you employ probate avoidance strategies when you are planning your estate.

Avoiding Probate

There are a number of different ways that you can arrange for direct asset transfers to your heirs outside of the process of probate. Probate can be time consuming and costly, and it is a public proceeding that strips your loved ones of privacy. These are the primary reasons why probate is often avoided by people who understand the details.

Revocable Trusts

One very popular probate avoidance tool is the Revocable Trust. When you create this type of trust, you can act as the beneficiary and the trustee while you are still alive and of sound mind. You do not surrender control of the assets, and this is certainly comforting to many.

The point is to arrange for the transfer of your assets after you die, so you also name a successor trustee and a successor beneficiary or beneficiaries. Once you pass away, the trustee will administer the trust according to your wishes as stated in the trust agreement.

The beneficiaries will ultimately receive their distributions in a direct and timely manner, and the process of probate will not enter the picture.

Estate Planning Consultation

In this post we have provided some basic information about probate and why people often avoid it. If you would like to gain in-depth information about probate, we can help.

Our firm offers estate planning consultations to people in and around Raleigh-Durham, North Carolina. To set up an appointment, give us a call at (919) 484-0012.

  • Author
  • Recent Posts
Mark Costley
Mark Costley
With more than 30 years’ experience in private practice, Mark Costley has helped hundreds of North Carolinians with estate planning, living trusts, financial law, probate, and trust administration. Mark’s work involves elements of teaching, strategic analysis and planning, documentation, and assisting clients in implementing their plans. He is devoted to providing the best in planning, efficiency, administration, and asset protection.
Mark Costley
Latest posts by Mark Costley (see all)
  • What Are the Drawbacks to Creating an ABLE Account? - May 15, 2023
  • What Is an ABLE Account? - May 5, 2023
  • What Is the Medicaid “Look-Back” Provision? - March 6, 2023

Date: April 20, 2016 Category: Estate Planning, Probate Tagged With: estate planning FAQs

Leave a Reply

Your email address will not be published. Required fields are marked *

Clarity Legal Group

Subscribe to Our Blog

Join the Clarity Legal Group® community by subscribing to our blogs addressing estate planning, elder law, asset protection, healthcare planning, special needs planning, charitable giving and more.

  • This field is for validation purposes and should be left unchanged.

Free Estate planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

  • This field is for validation purposes and should be left unchanged.

Follow Us

Address

Clarity Legal Group
1414 Raleigh Road Suite 445
Chapel Hill, NC 27517
United States (US)
Phone: 919-484-0012

reply@claritylegalgroup.com

Mailing Address
PO Box 2207
Chapel Hill, NC 27515

Exchange West Office Map

Office Hours

Monday9:00 AM - 5:30 PM
Tuesday9:00 AM - 5:30 PM
Wednesday9:00 AM - 5:30 PM
Thursday9:00 AM - 5:30 PM
Friday9:00 AM - 2:00 PM

Map

clarity_sidbr_map
  • About The American Academy
  • Disclaimer
  • Diversity
  • Sitemap
  • Privacy Policy
  • © 2023 American Academy of Estate Planning Attorneys.
    All Rights Reserved.
    Attorney Advertisement
  • Clarity Legal Group footer logo

    Clarity Legal Group is a registered Trademark and trade name for The Mark Costley Law Group, PLLC


    • Read Our 5-Star Client Reviews

"AV® , AV Preeminent® , Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are Certification Marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies."

x

Fill out the form below to access to the worksheets and checklists discussed in The Ultimate Caregiver Guide! After submitting this form, you can clic

  • This field is for validation purposes and should be left unchanged.