A Hendersonville practice limited to estate planning and estate and trust administration, serving clients from across Western North Carolina. Evan Gilreath and Adam Shealy handle probate, trust administration, distribution of assets from estates and trusts, and fiduciary income and estate tax returns. Both are NC Board Certified Specialists in Estate Planning and Probate Law.
Probate in Haywood County
Probate Court Record
Haywood County Clerk of Superior Court
Haywood County · Superior Court District 43B
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
285 North Main Street, Suite 1500, Waynesville, NC 28786
Website
E-filing
Self-represented filing
Allowed
Self-help forms
How to file probate in Haywood County →
Verified October 16, 2026 · Source
Do I need a lawyer for probate in Haywood County? →Settling an estate in Haywood County →
Trust Administration Firms Serving Haywood County
A Black Mountain solo office serving Buncombe County and the mountains west of Hickory. Walton Davis, certified by the North Carolina State Bar as a specialist in estate planning and probate law, assists executors and trustees through estate and trust administration — court inventories and accountings, estate liabilities, fiduciary tax returns, and distribution to beneficiaries.
An Asheville firm on College Street, formed by a 1986 merger of two local practices. Its estates and trusts team handles domiciliary and ancillary probate, estate, trust and guardianship administration, and estate tax returns and audits; its litigators take caveat proceedings. Partner Mary Robinson Hervig is a North Carolina Board Certified Specialist in Estate Planning and Probate Law.
Serves Buncombe and Henderson counties from Asheville and Hendersonville, with further offices in Raleigh and Durham. After a death the firm files the will and opens probate, handles intestate estates, guides trustees through post-death trust administration, prepares the final accounting and closing filings, and takes up disputes among beneficiaries. The firm offers a free initial consultation.
Serves Buncombe, Henderson, and the Western North Carolina mountains from Asheville and Hendersonville, with roots in the region since 1907. The Trusts, Estates and Elder Law team handles trust and estate administration, guardianships, and trust and estate disputes including will contests and trust terminations. The team includes board-certified specialists in Estate Planning and Probate Law.
Represents executors, administrators and heirs across North Carolina from an office on S. Miami Blvd in Durham/RTP. The practice opens and settles estates, supports trust administrators through their fiduciary duties, presses stalled personal representatives on behalf of beneficiaries, and litigates will and trust validity and fiduciary misconduct. In-office and virtual appointments are offered.
All 11 North Carolina trust administration firms serving Haywood 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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