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.
Probate in Durham County
Probate Court Record
Durham County Clerk of Superior Court
Durham County · Superior Court District 16
Phone
Hours
Monday-Friday 8:30 AM-5:00 PM
Office
510 South Dillard Street, Durham, NC 27701
Website
E-filing
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 →
Trust Administration Firms Serving Durham County
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.
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.
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.
Serves Wake County and central North Carolina from north Raleigh, with offices in Charlotte and Charleston, South Carolina. Its trust and estate administration attorneys represent executors, administrators, guardians, and trustees — initiating probate with the clerk of court, valuing assets, preparing estate accountings, paying claims and taxes, and distributing property — and handle will caveats.
Serves Wake County from downtown Raleigh, where its Trusts and Estates lawyers advise executors, trustees, and beneficiaries on trust and estate administration, fiduciary and tax matters, and controversies before tax authorities. The same team prepares wills and trust instruments. Chambers and Partners gave the practice its highest North Carolina Private Wealth Law ranking in 2026.
All 19 North Carolina trust administration 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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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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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 Do I Settle a Trust?
Settling a trust in North Carolina happens outside court: the trustee acts under the state's Uniform Trust CodeN.C.G.S. § 36C-1-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
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What's Fair Trustee Compensation?
In North Carolina, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent)N.C. Gen. Stat. §§ 36C-7-708, 32-54, 32-55, 32-56, 32-57, 32-58, 32-60Verified Sep 18, 2026View source unless the trust instrument sets a different amount.
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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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Do I Have to File Tax Returns for Someone Who Died?
North Carolina requires a final state income tax return for the decedent alongside the federal Form 1040N.C. Gen. Stat. § 105-153.7Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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How Does Step-Up in Basis Work?
Inherited assets in North Carolina take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesN.C. Gen. Stat. § 105-153.7(a) (flat individual rate: "After 2025 3.99%"); (a1) rate-reduction trigger (earliest affected year 2027)Verified Sep 15, 2026View source.
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