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Form 706-NA online Mecklenburg North Carolina: What You Should Know
The process is usually carried out via a written document called a Final Judgment of Probate, or a Statement of Probate, or an Interviews Notice, and it is done by a local probate Judge (or two or more Judges) at a courthouse in the county where either: (a) the person who legally owns the property dies; (b) another person or persons (the next of kin of the deceased individual) come forward and sign the document as administrator of the estate; or (c) there is an assignment of administration or similar transaction made with a county clerk's office. 2. Does probate need to be done at my funeral home or the cemetery? The probate process is carried out at the Court's convenience, and the location and day of the event may vary from jurisdiction to jurisdiction. At a funeral home or the cemetery, funeral directors and cemetery trustees would be responsible for preparing a probate court form for probate, and such forms must be submitted to the appropriate county's probate office. For funeral homes, cemetery trustees and the next of kin of a deceased person or persons must submit a written request to the funeral director. The deceased individual's next of kin can file a written request with a local probate judge, or can be directed to the county's probate office. 3. What is an Assignment of Administration? An assignment of administration is a process (also called a deed of administration) by which the successor to the executor of the estate and/or the administrator of probate must transfer probate in accordance with the instructions in the written Instrument of Administration. As part of the document to be transferred, the executor must provide the person or persons to be the successor and/or administrator with the following information: A. Who is to be appointed to run the estate; B. The name, address, and death date of the successor and/or administrator; C. The name and address of the person who will run the estate without a Will; and D. The specific title of the estate. If the executor fails to comply with these instructions, the successor or administrator may bring an action in the Superior Court to compel compliance. The court's instructions must be on a form to be provided and must be in English or Spanish or both. 4.
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