Probate and Estate Planning

At NCLS, we are dedicated to helping you plan for the future and manage the affairs of your loved ones after they pass. Our comprehensive legal services are designed to ensure your wishes are respected and your family is taken care of. We understand the importance of proper estate planning and are here to provide the guidance you need to protect your assets and ensure a smooth transition for your beneficiaries.

Our services include asset protection, elder law, and comprehensive estate planning. We assist in drafting essential documents, planning for tax implications, and ensuring your assets are distributed according to your wishes. Our expertise extends to financial and medical powers of attorney, guardianships, living wills, and trusts. We provide specialized support in probate matters, guiding you through the complex process of administering an estate. Whether you need to create a will, establish guardianships, or navigate the probate process, NCLS is here to offer the legal support and guidance necessary to secure your future and the well-being of your loved ones.

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Loved by our Community

At North Carolina Legal Services we believe that access to the justice system shouldn't be limited by one's income. We offer quality legal services at a price that working families can afford.

- Rich Gittings, the owner of the firm, is a brilliant, creative, and caring lawyer who genuinely cares about providing the best services to his clients. I would highly recommend hiring North Carolina Legal Services for any of your legal needs.
  Morgan Brock-Smith
  JD at United States District Court
- Rich is not only a knowledgeable and outstanding lawyer, he is genuinely an amazing person. The very structure of his business was born out of the want to help people and he truly succeeds at his mission. As someone who not only uses North Carolina Legal's services but also someone who shares a passion to use their skills to help others and better the community they live in, I can attest not only to his legal acumen, but his character as a person, both of which are top tier.
  Kyle Beausoleil
  Financial Analyst of Duke University
- My business partner and I used North Carolina Legal Services to help stand up our business. We loved using them, they gave excellent referrals, walked us through everything we needed to be protected and followed up with us afterwards! I highly recommend reaching out to them for their services!
  Marcus Morrow
  Co-Owner at Chibangas Neighborhood Market
- I utilized NCLS for assistance with my employers contractual matters. Mr. Gittings demonstrated profound expertise and was consistently supportive. His communication was punctual and dependable throughout the entire process. I am genuinely grateful for the presence of such a reputable and cost-effective legal service in North Carolina.
  Kristen Rissell
  Clincal Social Worker of Duke University
- The attorney with whom I spoke demonstrated patience as well as being well-versed in that specialty of the law. I was able to ask and get an answer for each of my questions. . . [W]ow. I did not feel rushed. The attorney provided me with the knowledge and confidence to be successful at court. Words can not adequately express my gratitude. I regret not having previously found North Carolina Legal Services.
  Amy Hahn
  Director at Velocity Industries
- A former attorney left me in a very difficult position with my custody dispute, and North Carolina Legal Services where able to step in, and salvage the situation. Not only did they salvage the situation, but they helped my obtain an outcome that was to my benefit.
  Jonathan Matthews
  Financial Advisor at Merrill Lynch

Frequently asked questions about Probate and Estate Planning

- What is probate?
  Probate is the court process for handling a person's estate after death. It involves validating the will (if there is one), appointing a personal representative, paying debts and taxes, and distributing remaining assets to heirs. Because missing deadlines or filings can create liability for the executor, legal help can make probate smoother and less stressful.
- Can I write my own will in North Carolina, and does it need to be notarized?
  In North Carolina, a handwritten or typed will may be valid if it's signed and properly witnessed. Notarization isn't required, but a notarized 'self-proving affidavit' can make probate much smoother. Because small mistakes can leave a will unenforceable, it's best to have a lawyer review or draft it.
- What makes a will valid in NC?
  A will is generally valid if it's in writing, signed by the person making it, and witnessed by two competent adults. There are exceptions for handwritten or oral wills, but they are harder to prove in court. Errors in execution can cause major problems later, so legal guidance can help you avoid costly disputes.
- What's the difference between a will and a trust?
  A will takes effect after death and often requires probate, while a trust can manage assets during life and may help heirs avoid probate. The choice depends on goals, family circumstances, and the types of assets involved. An attorney can explain which option is the best fit for your needs.
- What is an irrevocable trust, and when would someone use one?
  An irrevocable trust is a trust that generally cannot be changed once created. It is sometimes used for tax planning, asset protection, or Medicaid eligibility. Because these trusts limit flexibility and aren't right for most families, legal advice is important before setting one up.
- Do I need a lawyer for probate in North Carolina?
  Probate can be handled without an attorney, but the process involves detailed filings, notices, and deadlines that vary by county. Mistakes can create liability for the executor or delay distribution to heirs. Legal support can reduce stress and protect you from problems down the road.
- How long does probate usually take in NC?
  Probate in North Carolina often takes six months to a year, depending on the size of the estate and whether disputes arise. Debt claims, tax filings, or family disagreements can make it take longer. A lawyer can help streamline the process and avoid unnecessary delays.
- What documents should I gather to start probate in NC?
  Courts usually require the death certificate, the original will (if any), and an inventory of assets, debts, and heirs. Supporting documents like account statements, deeds, and insurance policies may also be needed. Having a lawyer organize these in advance can prevent rejected filings or missed deadlines.
- What happens if someone dies without a will in NC?
  If a person dies without a will, North Carolina's intestacy laws decide who inherits property, usually starting with spouses and children. This process still goes through probate and may not reflect the person's wishes. Legal guidance can help families navigate the process and resolve disputes.
- Are handwritten ("holographic") wills valid in NC?
  Handwritten wills can be valid in North Carolina if they meet strict requirements, such as being entirely in the testator's handwriting. These wills are often challenged because they can be unclear or incomplete. Drafting a proper will with an attorney is far more reliable.
- How much does a simple will cost in North Carolina?
  At NCLS, a straightforward will typically costs between $300 and $600. We determine fees using a sliding scale based on income and household size, with up to 50% discounts available for clients who qualify. By comparison, the average market rate for a simple will in North Carolina is about $600.

Our Services

Explore a wide range of legal services provided by North Carolina Legal Services. Our dedicated team offers expert assistance in Family Law, Small Business Legal Support, Employment Law, Tenant Rights Law, and Probate & Estate Planning. Find the legal support you need to protect your rights and secure your future.

Family law

Empower your family to move forward confidently

At NCLS, we offer empathetic and result-oriented representation for our clients' family law concerns. We strive to help our clients move on with their lives feeling confident.

Small Business and Nonprofits

Legal support for small businesses and nonprofits to succeed

We believe that small businesses and nonprofits give our community its distinct and special character. We are committed to helping entrepreneurs, small business owners, and nonprofit leaders with the legal support they need to succeed in a competitive and challenging environment.

Employment Law

Protect your rights in the workplace

At NCLS, we are dedicated to protecting the rights of employees and ensuring fair treatment in the workplace. If you've been wronged by your employer, we're here to help you get the justice and compensation you deserve.

Tenant Rights Law

Expert assistance to protect your home

Navigating legal issues with your landlord can be complicated and stressful. We provide expert legal assistance to ensure that your rights are protected when resolving disputes with your landlord.

Probate and Estate Planning

Estate planning and administration services

At NCLS, we are dedicated to helping you plan for the future and manage the affairs of your loved ones after they pass. We provide comprehensive legal services to ensure your wishes are respected and your family is taken care of.

Special Education and IEP Advocacy

Supporting families and communities

At NCLS, we are committed to supporting families navigating the Individualized Education Program (IEP) process and other special education services. Our team provides guidance and representation to ensure every child receives the educational support they are entitled to under the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), Section 504, and more.