Here at Huggins Law Firm, P.C., we talk to people all the time in Burlington and Asheboro who think estate planning is only for the super-rich or the very old. They say, “I don’t have enough stuff to worry about,” or “I’ll get around to it later.” We hear you! Thinking about the future can feel like a big chore, and maybe a little scary.
But here is the simple truth: Estate planning is for everyone who loves someone. It’s how you write down your wishes so your family doesn’t have to guess or fight when you are gone. Our experienced lawyer team is here to make that process simple and stress-free.
You worry constantly about what would happen to your assets and your loved ones if the unexpected were to happen tomorrow, leaving a chaotic mess behind.
What Happens to Your North Carolina Assets If You Don’t Have a Will?
This is the scariest part of putting off estate planning, and it’s a trap that too many families fall into. If you pass away in North Carolina without a valid Will, the state decides who gets your property. This is called Intestate Succession.
The North Carolina laws have a strict formula for dividing your house, bank accounts, and possessions. This formula might not match what you want!
- You Might Think: “My spouse gets everything, right?”
- The Law Might Say: “No, the spouse gets some, but the children or even the parents get a share, too.”
Imagine the stress and fighting that causes in a family. Your loved ones in Kernersville or Graham would have to go through the court system and follow a plan created by strangers—not you.
Little-Known Stat: Across the country, many surveys show that roughly 54% of American adults do not have a Will or any kind of estate plan. (Source: Vanilla Research, 2024). When you look at the sheer number of people in large areas like Guilford County (Greensboro/High Point), that means tens of thousands of families near you are exposed to this problem right now. Having a plan is the best defense against leaving chaos behind.
Why Do Wills and Trusts Make the Probate Process Near Me Faster?
When someone passes away, the court system has to make sure all their debts are paid and their property goes to the right people. This process is called Probate.
Most people hate the idea of probate because it can be slow, expensive, and stressful. That’s why having a good plan is the best way to help your family.
- With a Will: The process is straightforward. The court just checks the Will and makes sure your chosen representative (Executor) follows it.
- With a Trust: You can often avoid probate entirely! A trust holds your assets while you are alive, and when you pass away, the trustee just transfers them to the beneficiaries privately and quickly.
Key Timing Stat: On average, the probate process in North Carolina takes 6 to 18 months to complete. (Source: North Carolina State University Extension/NC Legal Guides). This long wait is often necessary because the law requires a mandatory 90-day period for creditors to file claims. The best thing you can do for your loved ones is hire an experienced lawyer who knows how to navigate the Guilford or Forsyth County courts to keep that timeline as short as possible.
What Documents Are Included in the Best Estate Plan in North Carolina?
Estate planning is much bigger than just a Will. A complete plan protects you while you are alive, too. Our experienced lawyers always recommend these three critical documents, no matter where you live—Greensboro, Winston-Salem, or Asheboro:
- The Last Will and Testament: This is the backbone of your plan. It names the person who gets your property and names the guardian for your minor children. If you have kids, this document is the single best way to ensure they are raised by the person you choose.
- Durable Power of Attorney: This document names a trusted person to handle your money and finances if you become too sick or hurt to handle them yourself. Without this, your family might have to go to court just to pay your bills!
- Health Care Power of Attorney & Living Will: These documents name a person to make medical decisions for you if you are unable to speak for yourself. The Living Will tells doctors your wishes about life support. This is the best gift you can give your family so they don’t have to make impossible choices in a hospital near me.
We can help you set up trusts for your children or for asset protection, which you can read more about on our Business Litigation page at https://www.micahhuggins.com/business-litigation because these tools are often used to protect business interests.
How Does North Carolina Law Protect Families from Taxes?
Many people worry about taxes, but here is some good news: North Carolina does not have a state Estate Tax or Inheritance Tax (Source: SmartAsset). This means your estate only needs to worry about the Federal Estate Tax.
The Federal Estate Tax exemption is extremely high (over $13 million per person), so most average families in High Point or Burlington don’t have to worry about this tax at all.
However, planning can still save money in other ways:
- Avoiding Probate Fees: A good plan avoids the court fees and lawyer time associated with probate.
- Heirs’ Property Problems: In North Carolina, some land—often passed down without a Will—can become “Heirs’ Property,” making it hard to sell or use because many family members own small pieces. (Source: Federal Reserve). A proper deed and Will are the best solution to this problem, ensuring your property can be used as you intend.
We use our comprehensive knowledge to make sure your estate plan is the best fit for North Carolina’s tax laws and local property issues.
Key Takeaways for Estate Planning in North Carolina
- Avoid Intestate Succession: Dying without a Will means North Carolina law decides who gets your assets, not you. This is the surest way to cause family conflict.
- Probate Takes Time: Even simple estates in counties near you (like Guilford or Forsyth) often take 6 to 18 months to go through probate. Planning with a trust can help you skip this wait entirely.
- It’s Not Just About Death: An experienced estate planning lawyer will make sure you have documents like the Power of Attorney to protect your finances and health while you are still alive.
- Guardianship is Key: If you have minor children, the Will is the best place to name their guardian. Never leave this decision to a court!
- Location Matters: North Carolina laws are unique. Make sure the lawyer you choose knows the local probate courts near you in Greensboro, Winston-Salem, or Kernersville.
Common Questions Asked About North Carolina Estate Planning
1. Q: Do I need a lawyer to write a Will, or can I use an online form?
A: While you can use online forms, they often don’t meet all the specific North Carolina requirements for signing and witnessing. If the form isn’t perfect, the Will is invalid, and your family goes through Intestate Succession anyway. Getting the document done correctly by an experienced lawyer is the best investment.
2. Q: Will a Will protect my house from being sold to pay for nursing home care?
A: No, a standard Will only directs what happens to your assets after you pass away. If you need to protect your assets from long-term care costs (like nursing homes) while you are alive, you need a different tool called an Irrevocable Trust.
3. Q: How often should I update my Will after I move to a new city near me, like High Point?
A: You should review your estate plan every three to five years or any time you have a major life change (marriage, divorce, birth of a child, or moving to a new state). Since North Carolina laws change, an experienced lawyer will make sure your documents are always up-to-date and the best they can be.
4. Q: If I name someone as a beneficiary on my bank account, does that asset still go through probate?
A: No. If your bank account has a “Payable on Death” (POD) designation, or if property is titled “Joint Tenants with Right of Survivorship,” that asset passes directly to the beneficiary and skips probate. This is a great, simple way to keep some assets out of the slow court process.
5. Q: My parents live in Asheboro but have a Will written in Florida. Is it still valid in North Carolina?
A: Generally, yes, North Carolina will accept a Will that was properly executed in another state. However, the Executor may face difficulties with local property rules, and the language may not be the best fit for the North Carolina probate court. It’s usually the best idea to update the documents to be NC-specific to avoid delays.
Source Citations:
- North Carolina General Statutes Chapter 29 (Intestate Succession). (Used for the rules of dying without a will).
- North Carolina General Statutes Chapter 32A (Powers of Attorney). (Used for Durable and Healthcare POA context).
- NC State University Extension / Regional Legal Guides. (Used for probate timeline context).
- SmartAsset / Tax Foundation Data. (Used for North Carolina’s lack of state estate tax).
- Vanilla Research / Caring.com Survey Data, 2024. (Used for the national statistic on the percentage of Americans without a Will).
