Serves Johnston and Sampson counties from offices in Smithfield and Clinton, where the firm has practiced since 1969 and appears in the Johnston County courts regularly. Attorneys handle probate and estate administration after a death, guardianship for minors and adults who need care, and contested wills and disputed trusts. Spanish-speaking staff are available.
Benson is in Johnston County.
More Probate Litigation Firms in Johnston County
Probate in Johnston County
Probate Court Record
Johnston County Clerk of Superior Court
Johnston County · Superior Court District 13
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
207 East Johnston Street, Smithfield, NC 27577
Website
E-filing
Self-represented filing
Allowed
Self-help forms
How to file probate in Johnston County →
Verified October 16, 2026 · Source
Do I need a lawyer for probate in Johnston County? →Settling an estate in Johnston 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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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.
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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Who Inherits Without a Will?
Without a will in North Carolina, descendants divide what passes to them per capita at each generationN.C.G.S. § 29-16Verified Oct 21, 2026View source, and an heir must survive the decedent by 120 hoursN.C.G.S. § 28A-24-2(a)Verified Oct 21, 2026View source to inherit.
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What Are the Creditor Claim Deadlines?
In North Carolina, creditors have 3 monthsN.C.G.S. § 28A-14-1(a), § 28A-19-3Verified Sep 8, 2026View source from first publication of the creditor notice to present claims; late claims are barred.
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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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How Much Can an Executor Charge?
North Carolina pays executors reasonable compensationN.C.G.S. § 28A-23-3 (clerk sets commission up to 5% on receipts/expenditures; no fixed schedule)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
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