How to probate an estate?

I have 2 brothers and 1 sister. My mom died of cancer about 7 years ago; my father just passed due to a heart attack. He had a Will made but he had no power of attorney. I went to the court house to see the clerk of the court. They said that the Will Will was no good because there was no power of attorney. I’ve never gone through this stuff in my life and I am very lost. What can I do?

Asked on October 10, 2011 under Estate Planning, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  I do not practice in North Carolina but I can tell you that I thin that the clerk that you spoke with has no idea what they were talking about.  In every state that I know,  a Power of Attorney dies with the decedent.  So if that is the POA that they are referring to then it should not be an obstacle to probate.  I  am assuming that you are named as the executor in the Will, correct?  Then you would be the proper party to offer the Will for probate.  I think that you should speak with an attorney in your area.  If you do not know any one in the area I urge you to go on line to the North Carolina Bar Association - -  and look at the site.  They have a referral service and a pro bono (free) service as well.  They can get you a lawyer in your area to at least consult with you and explain what you need to do.  Good luck. 

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