Asked in Probate for North Carolina

Q: Probate for clothes/linen, kit. uten., food, clean. supp., mini fridge, cooler, 1 brkn and 1 sml old work tv, bank acct?

Had stock but named a beneficiary for those.

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1 Lawyer Answer
James L. Arrasmith
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  • Probate Lawyer
  • Sacramento, CA

A: In North Carolina, probate is necessary for handling the estate of a deceased person, but it may not be required for all types of property. If the only assets are personal items like clothes, linens, kitchen utensils, food, cleaning supplies, a mini fridge, cooler, and old TVs, probate might not be needed for these items, as they are generally considered personal property with minimal value.

However, for the bank account, probate may be necessary unless the account had a payable-on-death (POD) designation. Since you mentioned that stock had a named beneficiary, these assets will pass directly to the beneficiary and are not subject to probate. If the overall value of the estate (excluding the stock) is relatively small, you might be able to use a simplified small estate procedure, which is less complex than formal probate.

It's advisable to review the total value of the estate and determine if it meets the threshold for small estate administration in North Carolina. If you're unsure about how to proceed, you may find it helpful to consult with an attorney for specific advice related to the estate's circumstances. They can guide you on whether probate or an alternative process is appropriate for settling the estate.

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