Whether probate is required depends on several factors including how the property was owned, the value of the estate, and what assets exist besides real property.
When Probate May Be Required
- Property is owned solely in the deceased person's name
- Estate value exceeds certain thresholds
- No surviving joint owner with right of survivorship
- No transfer on death designation in place
When Probate May Not Be Required
- Property is held in joint tenancy with survivorship
- Property has a transfer on death deed
- Estate value is below NC small estate thresholds
- All heirs are in agreement and document properly
Consulting with a probate attorney or the clerk of superior court can help determine the specific requirements for your situation.