What Not to Do When Someone Dies in North Carolina

When a loved one passes away, the emotional toll can be overwhelming. During such a difficult time, it’s crucial to avoid common legal pitfalls that can complicate the estate settlement process. In North Carolina, understanding what not to do when someone dies can help you navigate these challenging moments with clarity and confidence.

In this blog, we’ll explore the legal missteps to avoid, ensuring that you honor your loved one’s wishes and protect your interests. From mishandling the will to neglecting probate procedures, knowing what not to do can save you time, money, and unnecessary stress.

Let’s delve into these key aspects to help you manage this sensitive period more smoothly.

Top 10 “What Not to Do” When Someone Dies

Don’t Ignore the Death Certificate

When someone dies, obtaining the death certificate is a crucial first step. Without it, you can’t handle many legal and financial matters, like closing bank accounts or filing for life insurance. The funeral director can help you get multiple copies, which you’ll need.

Avoid Procrastinating on Probate

The probate process can seem daunting, but delaying it only complicates matters. Probate ensures that the decedent’s assets are distributed according to the will or state law. Start the process as soon as possible to avoid legal headaches down the road.

Don’t Overlook Notification Responsibilities

You must notify several parties when a loved one dies, including Social Security, employers, and insurance companies. Failure to do so can lead to issues with benefits and accounts. Make a list and tackle these notifications promptly.

Don’t Pay Funeral Expenses Out of Pocket

Funeral expenses can be overwhelming but don’t rush to pay them out of your own pocket. The decedent’s estate is typically responsible for these costs. Check with the funeral director and review any insurance policies or pre-paid plans first.

Avoid Accessing the Deceased’s Bank Accounts Without Permission

Even if you’re a close family member, you can’t just start withdrawing money from the deceased’s bank accounts. Wait until the personal representative is appointed and has the legal authority to handle the accounts.

Don’t Ignore Outstanding Bills and Debts

While it might be tempting to let bills slide after a person passes, it’s essential to address outstanding debts. Contact credit card companies and other creditors to notify them of the death. The estate will handle these debts during probate.

Don’t Forget to Secure Real Property

If the deceased owned a house or other real property, make sure it’s secure and maintained. This includes paying any necessary bills to prevent foreclosure or loss of services. Failing to do so can result in significant complications.

Don’t Distribute Assets Prematurely

You might feel pressure from beneficiaries or other family members to distribute assets quickly. However, doing so before the probate process is complete can lead to legal issues. Wait until you have court approval and a clear understanding of the estate’s obligations.

If you’re dealing with the death of a loved one and need legal assistance with estate administration and probate, don’t wait to reach out. Contact Capital City Estate Planning in Raleigh, North Carolina, today for your FREE consultation.

We’re here to provide the support and guidance you need during this difficult time.

Don’t Neglect to Cancel Unnecessary Services

It’s easy to forget about everyday services the deceased used, like utilities or subscriptions. Make a list of services to cancel or transfer. This prevents unnecessary charges from accumulating against the estate.

Don’t Hesitate to Seek Legal Advice

Handling an estate can be complicated, especially if there are disputes among family members or questions about the will. Consulting an attorney, such as Capital City Estate Planning, can provide clarity and ensure you’re following the law correctly.

They may even help you learn about things you don’t know, such as:

The yearly Spousal Allowance in North Carolina can help you obtain $60,000 from the estate for living expenses.
Summary probate as a surviving spouse: You are eligible for this if you’re a surviving spouse who is inheriting all assets from your spouse’s estate. Summary probate is a shorter process where the court clerk declares the probate proceeding finished and issues an order for the surviving spouse to receive all the property.
Small estate affidavit process for an estate worth less than $20,000 ($30,000 for a spouse of the decedent) using an Affidavit for Collection of Personal Property of Decedent

Taking care of all the details can be overwhelming, but avoiding these common pitfalls will help you navigate this difficult time more smoothly.

Capital City Estate Planning Can Help

At Capital City Estate Planning in Raleigh, North Carolina, we understand that the death of a loved one brings many challenges and legal complexities. Our dedicated team is here to support you every step of the way.

Guidance Through Probate

When someone dies, the probate process can seem overwhelming. Our attorneys will guide you through each step, ensuring that all legal requirements are met. From filing the necessary documents to representing you in court, we make the process smoother.

Managing Estate Administration

Estate administration involves more than just distributing assets. We help you deal with creditors, manage bank accounts, and handle outstanding bills. Our team ensures that all debts are paid and assets are distributed according to the deceased’s wishes.

Trust Administration Support

If a trust is involved, we provide comprehensive trust administration services. Whether you’re the trustee or a beneficiary, we ensure that the trust is managed effectively and in accordance with North Carolina law. This helps avoid potential disputes and ensures smooth administration.

Assistance with Notifications

One of the first steps after a person dies is notifying the relevant parties. We help you contact Social Security, insurance companies, employers, and other necessary entities. This ensures that all benefits and accounts are handled appropriately.

Securing and Managing Real Property

If the deceased owned a house or other property, it’s crucial to secure and manage it properly. We assist you in maintaining the property, paying necessary bills, and ensuring it remains in good condition until it can be distributed or sold.

Handling Funeral and Burial Arrangements

We provide guidance on managing funeral expenses and ensuring that they are paid from the estate. This can include coordinating with the funeral home and ensuring that all costs are covered without burdening the family.

Dealing with Beneficiaries and Disputes

Beneficiary disputes can complicate the estate administration process. Our attorneys are experienced in mediating and resolving conflicts to ensure that the estate is settled fairly and efficiently. We work to protect your interests and uphold the wishes of the deceased.

Comprehensive Estate Planning Services

We also offer comprehensive estate planning services to help you prepare for the future. From drafting wills to setting up trusts, we ensure that your assets are protected and your wishes are clearly outlined.