With the recent developments related to Covid-19 and the Orders from the Governor and Chief Justice Beasley, we realize you may have questions.  We are here to help.  Here are some answers to our most frequently asked questions, and we are here for you during this unprecedented time.  Please reach out and one of our team members can help answer your questions or put you in touch with a professional near you who can.  Give yourself the peace of mind you need in this one area. Call or text at 910.707.4778 or email at [email protected]

How do the recent Orders from the Governor and Chief Justice Beasley affect my role in administering this estate?

                The Estates Division of the Court is part of the essential workforce, so the offices are open and processing estate documents.  However, strict measures are in place to protect our court staff, and many courthouses are not allowing the public at large to enter the buildings.  They are generally allowing attorneys and staff to enter, during limited times and for limited purposes. 

What this means is that in many counties, you can no longer enter the courthouse to sit down with a staff member and have your questions answers, review paperwork, or file documents.  Staff members are also working shortened hours in many counties.  This is certainly expected to cause delays in filings, and all filings that have due dates prior to June 1 will be considered timely, or “on time,” if they’re filed by June 1.  Many attorneys are filing by mail, or with limited visits to the courthouses.  We are also finding a delay in getting filed documents back from the Clerks.

                What this means for you is that you may have extra time to work through your Account or Inventory, but you aren’t getting the help you may need from the office staff in person.  You may be able to get help over the telephone, but with the limited hours, you will need to be very patient and possible try several times.  We understand how frustrating that can be.  If you have not hired an attorney to assist you with the estate, you may be considering consulting with one now, to help you move things toward completion.  We can assist you with an attorney referral in your area, to consult with you over the telephone or computer and advise you about how to proceed. 

Do we have to wait to sell real estate until the estate is closed?  That might take a while!

                Most of the time, the heirs do not have to wait until the estate is closed to list and sell the decedent’s real property that they have inherited.  Sometimes the property is left to the estate or needs to be sold to pay debts, and those situations should be discussed with a licensed attorney in your area, but most often the real property is left to heirs and is not directly required to pay debts.  In those cases, usually the property can be sold even while the estate is open—and often is.  What this means right now is that even if the administration is taking longer than you expected due to the effects of Covid-19, you may still be able to get the real property listed and sold.  Furthermore, our Probate Realtors indicate that now may be the best time to list and sell, because they anticipate major changes in the real estate market as the economy recovers from the recent shutdown of so many businesses.  They expect market rates to adjust downward, and banks may require more from borrowers, causing the current sellers, market to shift to a buyers’ market.  In order to take advantage of our current seller window and avoid the loss of equity, you should speak with a Probate Realtor now, and we can help get you connected to one in your area.