Losing a loved one is an emotional and difficult time, even without handling the legalities and formalities of the deceased’s affairs. When you find yourself responsible for handling the deceased’s business at the end of death, where do you start? This post aims to explain the basics of probate, how it works, and what you should do in North Carolina under typical circumstances. What is Probate? Probate is the official legal process by which a will is honored. When a will is probated, an executor (sometimes called a personal representative) is appointed to administer the estate and carry…
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Challenging the Validity of a Will vs. the Construction of a Will: North Carolina Court of Appeals Clarifies
Earlier in September the North Carolina Court of Appeals highlighted the procedural difference between challenging the validity of a will through a caveat proceeding and resolving questions as to the construction of a will through an action for declaratory judgment.[1] Plaintiff, Deborah Hildebran (“Hildebran”) was listed as the executrix of her father’s will (the “Will”). Upon her father’s death, the Will was probated in common form before the clerk and Hildebran was appointed executrix. The Will contained several handwritten markings, notably a line that struck through the name of the testator’s granddaughter Chanté Brittian…
