Legal Question in Wills and Trusts in North Carolina
Is there a timeframe for probating a will if there are no outstanding debts and the heirs are in agreement not to probate immediately?
1 Answer from Attorneys
I do not understand about the heirs being in agreement. If there is a will, only the executor can make that decision. There are important time limits to file an inventory and accounting, to publish notice to creditors, to sell property, to renounce, to file for a yearly allowance or elective share or filing taxes. There are time limits for filing claims against the estate, even though you say there are none. Some things cannot be done until the estate is probated. Other things have to be done within 6 to 9 months of death. And real property cannot be sold by the heirs for 2 years unless the personal representative is made part to any sale.
I do not understand the reason to wait. On the other hand, you do not have to run and probate a will before the funeral is over. The average time to probate a will is 30-60 days. I would not do it before 30 days (you will need the death certificates for one thing) but I would not drag it out either.