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Filing Petitions in Probate Court

filing petitions
Lots of people think that if they are named Executor in a will that they are automatically the Executor for the estate and that no filing in probate court is necessary. This is incorrect. You must file a petition asking the court to approve you as Executor or Executrix before you can act on behalf of the person who died. This process may seem to be user-friendly and something you could do on your own. Don’t underestimate the usefulness of having an attorney help you. Probate judges are very unique and different, and each runs their court a little differently than the others. In some counties, these differences may result in you having to show up for one or more hearings or having to re-file and pay filing fees again – all of which you could have avoided with an attorney’s help. For uncontested filings, we help with the filing process and ensure you have the backup documents you will need for the filing, publications in the newspaper and a super helpful list of action steps after you are approved as administrator or executor of the estate.

In the case of guardianships and conservatorships, some counties, such as Forsyth County, require additional forms, background checks, and courtesy copies upon filing. We will help you prepare the initial filing and appear with you in court for the mandatory hearing helping you to avoid any additional costs such as a formal conservatorship where a cheaper more efficient alternative is available.

Have a problem beneficiary or heir who is simply not accepting any proposed distribution? We can help you work out the disagreement through mediation or by scheduling a hearing before the court.

We can help you navigate the probate process whether just for the initial filing or when you need help dealing with a difficult heir or beneficiary.

Please call us with any questions!