Hendersonville, NC Probate & Administration Attorneys

Name: Probate & Administration
Brand: Strauss Attorneys PLLC
Rating: 4.9 (447 reviews)

Handling the estate of a deceased person can be a complex and stressful process. In North Carolina, the probate and estate administration process involves managing and distributing a deceased person’s assets according to their will or state law if there is no will. While some estates can go through simplified procedures, others require formal probate proceedings. Managing the probate process professionally ensures a smooth experience and helps avoid unnecessary legal hurdles.

attorney explaining documents to female client

Expert Probate Attorneys in Hendersonville, NC

Strauss Attorneys, PLLC has a team of board-certified specialists recognized by the North Carolina State Bar for demonstrating a solid history of success in estate planning matters. Our probate attorneys in Hendersonville, NC will guide you in compliance with North Carolina law.

Let’s review your situation and help you develop probate and administration strategies effectively.

What Our Clients Say

Efficient. Courteous. Professional. Thorough. Educative. Detailed.
Lee did a great job guiding us through the process.

D.H. & E.H. – Candler, NC

We found it a pleasant experience, not the ordeal we thought it would be.

N.H. & M.H. – Flat Rock, NC

Very professional. Prompt service.

D.B. & B.B. – Pisgah Forest, NC

Very professional, objective and precise, yet presented in easy to understand language.

E.M. & J. M. – Brevard, NC

I sincerely thank all of you and I feel comfortable concerning my will.

S.H. – Asheville, NC

Strauss Attorneys PLLC does a terrific job of estate administration.

B.A. – Waynesville, NC

Reinstatement of our trust since moving from CA. Brad. Alex and Kim were so welcoming and professional in every way including some very personal issues with family members. Brad...

Mark & Kathy Willard

I need help with a final accounting and I think I’ve found the right person.

Robert Todd Dorsey

Our experience with Strauss Attorneys PLLC in Hendersonville, North Carolina has been nothing short of fantastic. At our age, we were long overdue to generate a Will or Trust to...

Andy Strauss is the best. He’s smart, caring, a good listener, a clear communicator, and collaborative. Highly recommend him.

L — Asheville, NC

I needed to get a document notarized and it was a wonderful experience. The professionalism was outstanding with an extremely knowledgeable young lady.

Richard Ehlers

I was taken care of very well. James Fleming was polite and well knowledged.

L.H., Hendersonville, NC

Very friendly, informative, and thorough. All personel seem very professional.

Anonymous, Hendersonville, NC

We felt important and have had for years a good relationship with Lee Mulligan

Wiley & Betty, Hendersonville, NC

I have been particularly impressed with the thoroughness of document preparation and explanations in writing of what I should do to maximize the provisions & benefits of my ...

P.A., Hendersonville, NC

Professional assistance in a friendly atmosphere!

William & Linda, Hendersonville, NC

I was unaware of the document called a Living Trust until I attended a seminar presented by Lee Mulligan comparing the advantages of a trust with those of a traditional will. At...

Anonymous, Hendersonville, NC

Our experience was wonderful. Spoke with a language we both could understand and digest. You are a keeper.

MZ & BZ, Hendersonville, NC

Forming a trust for my family was a great experience with Mr. Henry’s professional and personal approach. I felt well informed and treated with the utmost respect. I appre...

PA, Hendersonville, NC

The experience & staff were courteous, professional, and we got what we needed.

GG & NG, Hendersonville, NC

Brad Henry was brilliant and precise. We highly recommend him.

DC & EC, Hendersonville, NC

Impeccable knowledge of NC Trusts & Wills. Difficult questions answered clearly and easily

WH, Hendersonville, NC

Great experience. Brad took time to explain everything thoroughly and was very thoughtful with looking at our entire situation. Grateful to him and the team that supports him.

Adam & Stephannie, Hendersonville, NC

Brad was very helpful in explaining the whole legal process – Brad explained the whole process in a very clear and understandable manner – Two notaries were very eff...

RL & NT, HEndersonville, NC

Our attorney, Lee Mulligan, and the staff were professional, courteous, and friendly.

D. R., Hendersonville, NC

Our experience was pleasurable, informative, emotionally satisfying, and confident that we are in good hands. Everyone is always courteous, helpful, considerate, and caring. The...

Burton and Doris, Hendersonville, NC

I have always been made to feel welcome and very well cared for by a most professional team of kind people who know their business well. Lee Mulligan in particular!

Anonymous, Hendersonville, NC

Professional, congenial, comforting. We have confidence in what you’ve done for us.

Steven & Carmon, Hendersonville, NC

We felt Brad welcomed us, educated us and made himself available for clarifications.

Sandy, Hendersonville, NC

Even though I feel intimidated by the “Big Book”, Lee was thorough in her explanations.

Nancy Pew, Hendersonville, NC

Lee explained everything in terms we could understand and the chart she drew was very helpful. We are confident our children will be well advised when settling our estate.

J.E. & B.E., Hendersonville, NC

We had a series of issues that Brad was able to incorporate into the discussion and explain the implications of each.

Cindy & Pam, Hendersonville, NC

Restatement of my trust was a stressless experience- Felt very comfortable with Brad & staff.

J.H., Hendersonville, NC

As a financial planner experienced with numerous estate planning attorneys, I was thoroughly impressed by...

E.R. Asheville, NC

Understanding Probate and Why Legal Advice is Necessary

Probate is a court-supervised process of validating the will of the deceased. This is crucial for settling debts and distributing assets to heirs. Even when an estate appears straightforward, probate can be time-consuming and complex due to legal requirements, creditor claims, and potential disputes among beneficiaries. The process of probate administration is borne by the personal representative. This could be a close relative of the decedent, the surviving spouse, or another person named in the will. If there is no will in place, the next of kin or an individual who applies to act as the executor will be responsible for distributing the assets. The personal representative is responsible for the following tasks:

Selling any assets
Collecting and ascertaining the value of the decedent’s assets
Safeguarding the decedent’s assets
Coordinating professional appraisals
Paying estate obligations, such as debts and creditors
Distributing assets based on the will or state law

Our Hendersonville probate lawyers understand the pressure associated with administering an estate. We can help the personal representative make the right decisions that reflect the decedent's wishes. In case there are family disputes, we can initiate mediation to handle disagreements and carry out estate administration smoothly.

Notably, hiring a probate lawyer ensures all important paperwork is done correctly and on time. A lawyer can help the person in charge understand their legal duties, save money for the estate, and speed up the process of handling the estate. Without a lawyer, the executor might run into delays, arguments, or unnecessary costs.

Plan with Confidence, Protect What Matters

Types of Probate Procedures in North Carolina

North Carolina offers different probate procedures depending on the size and complexity of the estate. Choosing the right process can save time and money while ensuring a lawful transfer of assets. Below are the primary types of probate procedures in North Carolina.

Claiming Personal Property With an Affidavit

If the estate’s value is less than $20,000 (or $30,000 if the surviving spouse is the sole heir), North Carolina law allows heirs to bypass formal probate by using a Small Estate Affidavit. This method enables heirs to collect personal property, such as bank accounts, without opening a full probate case. The affidavit must be filed with the clerk of court at least 30 days after the individual’s passing. This process is beneficial because it is quicker and less costly than formal probate. However, it does not apply to real estate transfers, and outstanding debts may still need to be settled.

Summary Probate

Summary probate is another simplified option available in specific circumstances. It allows a surviving spouse to claim the deceased’s assets without going through a full probate proceeding. This process applies when the surviving spouse is the sole beneficiary and entitled to all assets under North Carolina’s spousal allowance laws. Since summary probate is designed for straightforward estates, it eliminates the need for extensive court involvement, making it a favorable option for qualifying estates.

Formal Probate

For larger estates or those involving real estate, significant debts, or multiple beneficiaries, formal probate is required. This process involves appointing an executor or administrator, inventorying assets, notifying creditors, paying outstanding debts and taxes, and distributing the remaining assets to heirs.

Formal probate can take several months to over a year, depending on the estate’s complexity and any disputes that may arise. The court oversees the process to ensure that all legal requirements are met and that the deceased’s wishes, or state laws in the absence of a will, are followed. Since formal probate involves various legal and financial intricacies, it is advisable to contact a probate attorney in Hendersonville for legal support. They will help you avoid mistakes, expedite proceedings, and prevent potential conflicts among heirs.

Our Team: Certified and Award-Winning Attorneys

Read Attorney Bio

Andrew A. Strauss Partner, Board-Certified Specialist

With over four decades of experience, Andy takes a comprehensive approach, guiding clients through everything from basic will preparation to complex trust structures and business succession planning.

Top-Rated Lawyer in Trust & Estates
Member of the North Carolina, Florida, and Pennsylvania State Bars

Read Bio

Read Attorney Bio

Lee C. Mulligan Partner, Attorney at Law

With a keen eye for detail and a client-focused approach, Lee helps individuals and families safeguard their legacies, minimize tax burdens, and confidently navigate complex legal matters.

President of Summit Title Insurance in Hendersonville, NC.
Numerous non-profit board services in New Jersey and North Carolina

Read Bio

Read Attorney Bio

Cory Howes Partner, Attorney at Law

Cory combines legal expertise with a strong financial background in tax, investments, and insurance. His practice is centered around a deep commitment to assisting families with their estate planning and administration needs.

North Carolina Bar Association
Virginia Bar Association

Read Bio

Read Attorney Bio

Larry S. Hartley Partner, Board-Certified Specialist

A former U.S. Naval Diving and Salvage Officer, Larry brings dedication and expertise to protecting seniors and their families, with a focus on estate planning, Medicaid, and veterans benefits.

Member, North Carolina Bar Association
Member, National Academy of Elder Law Attorneys (NAELA)

Read Bio

Read Attorney Bio

Brad Henry Partner, Attorney at Law

With over a decade of experience practicing law, Brad brings extensive expertise in estate planning, guardianships, fiduciary litigation, and probate and trust administration, as well as a dedication to helping clients protect their legacies.

AV Preeminent® rating by Martin Dale Hubbell
Florida’s Real Property and Probate Trust Law (RPPTL) Section

Read Bio

Read Attorney Bio

Peter McGuire Partner, Attorney at Law

Leading our estate and fiduciary litigation team, Peter has practiced law in Western NC. since 2002 and specializes in trust and estate disputes, advanced planning, and business succession.

Member of the North Carolina Bar Association
Inaugural Member of the Harry C. Martin American Inn of Court

Read Bio

Read Attorney Bio

Daire Roebuck Attorney at Law

With nearly two decades of experience, Daire guides clients through estate planning with clarity and compassion. Dedicated to giving back, she actively supports pro bono initiatives and community advocacy.

Estate Planning & Fiduciary Law Section, North Carolina Bar Association, since 2007
North Carolina Bar Admission

Read Bio

Read Attorney Bio

James B. Fleming Attorney at Law

Inspired by witnessing seniors’ challenges, James is passionate about guiding families through estate planning and elder law. Through Wills for Heroes, he proudly provides essential estate planning services to first responders.

North Carolina Bar Admission, 2019
South Carolina Bar Admission, 2021

Read Bio

Read Attorney Bio

Samantha Reichle Attorney at Law

With nearly two decades of experience, Samantha specializes in estate planning, trust administration, and fiduciary income tax matters. She has a unique ability to make complex estate planning discussions approachable.

North Carolina Bar Admission, 2013
Member, 10th Judicial District Bar

Read Bio

Schedule a Consultation With a Hendersonville Probate Attorney

Dealing with probate while also coping with the emotional strain of losing a loved one can feel incredibly overwhelming. Fortunately, with the Hendersonville, NC probate & administration lawyers at Strauss Attorneys, PLLC, you will not have to go through the process alone. Our lawyers will guide you in ensuring compliance with North Carolina law while protecting your interests.