Probate in Durham County

Probate Court Record

Durham County Clerk of Superior Court

Durham County · Superior Court District 16

Hours

Monday-Friday 8:30 AM-5:00 PM

Office

510 South Dillard Street, Durham, NC 27701

Self-represented filing

Allowed

Self-help forms

How to file probate in Durham County →

Verified October 16, 2026 · Source

Do I need a lawyer for probate in Durham County? →Settling an estate in Durham County →

Estate Law Firms Serving Durham County

Serves Wake County and the Triangle from Cary, with clients in Apex, Clayton, Durham, Morrisville, and Raleigh. The firm represents executors, administrators, and successor trustees through North Carolina estate administration — opening the estate with the Clerk of Court, filing the inventory and final accounting, and settling underfunded trusts. Administration work is billed hourly.

Since 2009Virtual consultationsEstate PlanningTrust AdministrationProbateElder LawAsset ProtectionMedicaid Planning

Serves Lee, Chatham, Harnett, and Moore counties from Sanford, with a second by-appointment office in Pittsboro. W. Woods Doster, a board-certified specialist in estate planning and probate law for 25 years, and partner J. Grant Brown handle estate administration, guardianship petitions, and special-needs trusts. The firm serves as Public Administrator for Lee and Chatham counties.

Since 2017Serves 4 countiesEstate PlanningProbateGuardianshipSpecial Needs Planning

Serves Wake County and the Research Triangle from Raleigh, where Maria M. Lynch and Jerome R. Eatman, Jr. founded the firm in 1993. Its attorneys open estates with the Estates Division of the Wake County Clerk of Superior Court and carry executors through inventory, creditor claims and ancillary probate. Lynch is a board-certified estate planning and probate law specialist.

Since 1993Estate PlanningTrust AdministrationProbateTax PlanningBusiness LawReal Estate

Serves Wake County and the Triangle from Towne Village Drive in Cary, practicing since 2001. Founder W. Thomas McCuiston, Jr. is an NC Board Certified Specialist in Estate Planning and Probate Law, and the planning work — wills, revocable and irrevocable trusts, powers of attorney, special needs trusts — is built around minimizing income, estate, gift and generation-skipping transfer taxes.

Since 2001Estate PlanningProbateTax PlanningSpecial Needs PlanningAsset ProtectionBusiness Law

Serves Mecklenburg County from Charlotte, with a second North Carolina office in Raleigh. The trust and estate administration attorneys handle probate of wills, administration of testate and intestate estates and of trusts, post-death tax planning and fiduciary tax returns, and fiduciary litigation among beneficiaries and fiduciaries. The firm is the only Charlotte-based member of the Am Law 200.

Estate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+3

A Charlotte firm founded in 1960, now more than 165 attorneys across four offices. Its trusts and estates group represents individual and corporate fiduciaries through estate and trust settlement: court inventories and accountings, estate, gift and fiduciary income tax returns, and post-mortem planning. A separate fiduciary litigation group handles trustee, executor, and beneficiary disputes.

Since 1960Estate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+2

All 22 North Carolina estate law firms serving Durham County →

Forms for Planning and Settling an Estate in North Carolina

Free North Carolina forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for North Carolina.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Last Will and Testament

In North Carolina, a will is signed before 2N.C.G.S. § 31-3.3Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyN.C.G.S. § 31-3.3Verified Oct 19, 2026View source.

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Free

Healthcare Power of Attorney

North Carolina requires 2N.C.G.S. § 32A-25.1Verified Oct 15, 2026View source witnesses and notarizationN.C.G.S. § 32A-25.1Verified Oct 15, 2026View source for a healthcare power of attorney.

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Financial Power of Attorney

North Carolina treats a power of attorney as durable by defaultN.C.G.S. § 32C-1-105Verified Sep 18, 2026View source, and it is signed before a notaryN.C.G.S. § 32C-1-105Verified Sep 18, 2026View source.

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Pour-Over Will

In North Carolina, a pour-over will is signed before 2N.C.G.S. § 31-3.3Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Free

Transfer on Death Deed

Transfer real property to a beneficiary upon your death without probate. Available in 34 states and the District of Columbia.

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All North Carolina forms

Tools for Planning and Settling an Estate in North Carolina

Free calculators and checklists to plan or settle an estate in North Carolina: will and trust costs, probate, executor pay and taxes. Run each tool.

Trust or Will: Which Costs Less?

In North Carolina, a will-based plan pays probate attorney fees of typically 2%Modeled estimate under N.C.G.S. § 28A-13-3(a)(19), § 28A-23-3(a) (attorney fees are a negotiated administration expense; no statutory schedule or percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.1%Modeled estimate under N.C.G.S. § 28A-13-3(a)(19), § 28A-23-3(a) (attorney fees are a negotiated administration expense; no statutory schedule or percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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Do I Need a Revocable Trust?

Probate in North Carolina takes 6 months to 9 months for a simple estate and charges attorney fees of typically 2%Modeled estimate under N.C.G.S. § 28A-13-3(a)(19), § 28A-23-3(a) (attorney fees are a negotiated administration expense; no statutory schedule or percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.1%Modeled estimate under N.C.G.S. § 28A-13-3(a)(19), § 28A-23-3(a) (attorney fees are a negotiated administration expense; no statutory schedule or percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

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How Much Does Probate Cost?

Probate on a $500,000 estate in North Carolina costs an estimated $27,108N.C.G.S. § 28A-13-3(a)(19), § 28A-23-3(a) (attorney fees are a negotiated administration expense; no statutory schedule or percentage)Verified Sep 8, 2026View source. Attorney fees run 2%Modeled estimate under N.C.G.S. § 28A-13-3(a)(19), § 28A-23-3(a) (attorney fees are a negotiated administration expense; no statutory schedule or percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.1%Modeled estimate under N.C.G.S. § 28A-13-3(a)(19), § 28A-23-3(a) (attorney fees are a negotiated administration expense; no statutory schedule or percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate under a reasonable-compensation standard.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in North Carolina costs an estimated $27,108N.C.G.S. § 28A-13-3(a)(19), § 28A-23-3(a) (attorney fees are a negotiated administration expense; no statutory schedule or percentage)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 2%Modeled estimate under N.C.G.S. § 28A-13-3(a)(19), § 28A-23-3(a) (attorney fees are a negotiated administration expense; no statutory schedule or percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.1%Modeled estimate under N.C.G.S. § 28A-13-3(a)(19), § 28A-23-3(a) (attorney fees are a negotiated administration expense; no statutory schedule or percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate. Estates under $20,000N.C.G.S. § 28A-25-1Verified Sep 8, 2026View source can use a small-estate procedure instead.

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How Do I Settle an Estate?

Settling an estate in North Carolina: the personal representative files the estate inventory within 90 daysN.C.G.S. §§ 28A-20-1, 28A-20-3, 28A-20-4Verified Sep 15, 2026View source of appointment; creditors have 3 monthsNCGS §§ 28A-14-1, 28A-19-1, 28A-19-3, 28A-19-6, 28A-19-16Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.

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What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in North Carolina runs $4,330Estimate: 10 hours at $433, Clio's North Carolina Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,495Estimate: 15 hours at $433, Clio's North Carolina Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,047Estimate: 3 hours at $349, Clio's North Carolina Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,094Estimate: 6 hours at $349, Clio's North Carolina Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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All North Carolina tools