I will be able to provide you with a one-on-one relationship during this challenging time. My education and experience allows me to accommodate all aspects of real estate during the probate process. My hands-on honest approach will give you piece of mind throughout this sensitive period of time.
Probate is the legal process through which a deceased person’s estate is properly distributed to heirs and designated beneficiaries and any debt owned to creditors is paid off. In general, probate property is distributed according to the decedent’s last will and testament, if there is one, or according to state law if no will exists.
Evaluation of All Real Estate Holdings: Residential, Commercial, Land or Investment
Plan of Action: Hold to Rent, Renovate & Sale, Sale “As-Is”
Provide Additional Local Resources
Marketing Plan & Pricing Strategy
Triangle MLS & realtor.com Listing
Professional Signage & Lock Box
Showing Service & Feedback
Contracts, Real Estate Forms, DocuSign
Negotiate with Buyer’s Agent
Coordinate all Stages of Closing Process
Collaborate with Clerk of Court, Attorney, CPA, Heirs & Beneficiaries
Smooth, Clear, Responsive, Honest
Recommendation for Repairs
Coordinate Needed Repairs
Work with Local Agencies for Permits and Inspections
Fully Licensed and Insured
Within 60 Days of Death
1. Obtain a Death Certificate.
2. Obtain the decedent’s Original Will.
3. Complete and file all paperwork to become the Personal Representative of the Estate.
4. Meet with Probate Clerk to open the Estate.
Within 1st 30 days of Appointment as Personal Representative
1. Publish notice to creditors in newspaper in county of decedent’s residence.
2. Identify all of decedent’s assets.
3. File for Federal Tax Identification Number (EIN) for the estate.
4. Notify IRS of fiduciary relationship.
5. Identify and gather all of decedent’s probate assets.
6. Open an estate checking account.
7. Inventory safe deposit box.
8. Obtain prior year’s tax return.
9. Meet with a tax advisor.
10. Pay year’s allowance to surviving spouse or children.
11. Terminate (or activate) government benefits.
12. Establish receivership for any ongoing business or farm operations.
Within 90 days of Appointment
1. Notify all known creditors.
2. Begin ancillary administration for any property located in another jurisdiction.
3. Advise surviving spouse of his/her elective share rights.
4. Accept or reject any claims filed against the estate.
5. Sell estate assets if needed to settle claims. This may include judicial sale of real estate
6. File notice to creditors affidavit.
7. File 90-Day Inventory
Within 9 months of Appointment
1. Pay the decedent’s debts.
2. File a death tax return (if necessary).
If Estate is still open after 12 months, and every 12 months thereafter
1. File the annual accounting with the Clerk of Court
Kellie Ashley does not provide legal advice for probate. She would be happy to refer you to a probate lawyer.