• Blog Post

    RECENT CHANGES TO NORTH CAROLINA’S TRUSTS AND ESTATES STATUTES NOW ALLOW LIVING PROBATE FOR TRUSTS IN ADDITION TO WILLS

    Probate is a judicial procedure through which the validity of a testamentary document is established.  Typically, probate occurs after the testator dies.  However, some states allow for “living probate,” in which the validity of the testamentary document is established while the testator is still alive.  A living probate, therefore, can limit the likelihood that the validity of a testator’s will, codicil, or trust will be successfully challenged after the testator’s death.  A testator who believes his or her will, codicil, and/or trust is likely to be challenged—such as where the testator disinherits a child or spouse—may desire to accelerate the estate dispute and determine issues of validity while he or…