Estates Division (Historic Courthouse)
1 Court Square, Graham, NC 27253
phone: (336) 570-5204, fax: (336) 570-5201
Administering an estate is a substantial responsibility and should not be taken lightly. Incorrect estate administration could result in a lawsuit or the administrator being held in Contempt of Court.
Estate administration is often a complex process, requiring the completion of many procedures within a required time frame. This complexity is frequently compounded by the personal loss from a decedent's passing. Despite such difficulties, the administrator has a fiduciary duty to administer the estate competently, accurately, and fairly. While our staff will gladly assist you in answering procedural questions related to the estate administration process, the Clerk's Office is expressly forbidden by law to offer legal advice. It is strongly recommended that you seek competent legal counsel to assist you.
After a person dies, upon application by an executor named in a Will or by a family member, the Estates Division will appoint a Personal Representative to be in charge of administration of the estate. The Personal Representative must take an Oath of Office and may have to post a bond to protect the estate assets from fraud or improper administration. Additionally, the Personal Representative must file accountings, showing all personal property received by the estate and all property distributed by the estate. These accountings are carefully audited by the Estates Division. Receipts, cancelled checks, bank statements and payment vouchers must be submitted to the Estates Division for auditing.
To begin administration of a decedent's estate, you will need to bring the following items and information to the Estates Division:
- The original Will (if any), a death certificate, and details of the decedent's assets, including real estate, personal property with titles, loans, and bank account numbers and amounts of sole and joint accounts. All assets are to be valued at the fair market value at the date of death.
- Names of beneficiaries under a Will or next of kin, including their relationship to the deceased and their addresses.
- Copies of the signature cards for joint survivorship bank accounts.
- Stock information, including the type and number of shares, names on stock certificates, and the value at the date of death.
- Vehicle values and the name(s) listed on the title.
- Real estate values and the names listed on any deeds.
- Any gifts of property the deceased may have made within the three (3) years preceding his/her death.
- Any potential claim for wrongful death.
- All other assets the deceased may have held, including payable on death accounts to a beneficiary.
For more information regarding the administration of estates, please call or visit the Estates Division. You may access Estate forms including an NC Estate Procedure Pamphlet for Executor by clicking on the following link: http://www.nccourts.org/Forms/FormSearchResults.asp