Legal Question in Wills and Trusts in North Carolina

The number of beneficiaries does not determine if an executor is required. Every estate, regardless of the beneficiaries, should have an executor. As the person has died, they obvioously need someone who is living to wind up their affairs. That person is the executor.

The purpose of an executor is to figure out what the deceased person owned, what he/she owed, to pay any final bills or claims and to give what is left to the heirs.

In very simple estates, probate may not be needed, depending on who the beneficiary is and the value of the estate, as the heir can sometimes use a simplified process.

I suggest that if you or a loved one is making a will that you identify an executor as well as a back up to serve if for some reason the first person you named cannot do it. I also recommend that you name a back up beneficiary.

I can draft a will for you for a reasonable fee. Please contact me at [email protected] if you are interested.