NC Intestate Probate Process & Laws

When there is not a valid Will, we guide you through the complicated probate process. 

About Intestate Probate Administration

If probate proceedings are “intestate”, it means there is no valid Will in place for the deceased. If you or a loved one dies without a valid Will in place, the intestate probate process that follows will likely be much more complex for those trying to carry out your final wishes.   

Without the availability of a Will, a probate process is still likely to occur; however, state laws will primarily determine the probate decisions and the distribution of the property. The transfer of estate assets and allocation of estate interests will fall into the hands of North Carolina state statutes. 

Why is Intestate Probate Administration Important?

Without a valid Will to make your estate wishes clear and legal, the North Carolina court will be forced to apply specific state laws to the distribution of your assets and interests through intestate probate administration. Intestate probate is required to ensure the legality of your estate handling and asset transfers. Without the involvement of a court probate process, whatever is done with an estate and its assets cannot be considered legal.

Unfortunately, intestate proceedings can create a more complicated and lengthy probate process for your loved ones, ensuring your estate distribution is handled legally.

Intestate Probate Steps
Without a Valid Will

1.Work With a Probate Attorney

Be prepared to present your attorney with the following documentation, since you do not have a valid Will: a death certificate, a paid-in-full funeral bill, and a list of heirs and their contact information. 

2.Review Documentation

You will need to provide information on the debts and assets, introduce any new documentation or information into discovery, and timely sign all of the prepared probate documents. 


You will close out the estate with the attorney, distributing the assets and proving where the assets have gone. Your last step will be to sign the Final Accounting document. 

Client Testimonial

"Candice is the best! She and her team consistently make people feel welcome and she explains things in easy to understand terms.”

- Chris

“Candice was very pleasant to work with and incredibly patient with me as she walked me through the entire process and documents. I would highly recommend her without reservation.”

- Stanley

Frequently Asked Questions

View a list of common questions relating to family law.

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Speak With An Attorney Today

Whether you are ready to begin the probate process, or you need help determining if a probate attorney is right for you, Shepard Law is here to help. We can assist clients throughout North Carolina regarding NC law. 

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