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.
Probate in Henderson County
Probate Court Record
Henderson County Clerk of Superior Court
Henderson County · Superior Court District 42
Phone
Hours
Monday-Friday 8:30 AM-5:00 PM
Office
200 North Grove Street, Suite 163, Hendersonville, NC 28792
Website
E-filing
Self-represented filing
Allowed
Self-help forms
How to file probate in Henderson County →
Verified October 16, 2026 · Source
Do I need a lawyer for probate in Henderson County? →Settling an estate in Henderson County →
Trust Administration Firms Serving Henderson County
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.
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.
Serves Mecklenburg County from Charlotte, with a second North Carolina office in Raleigh. The trust and estate administration team advises executors and trustees on probate, estate tax returns, distributions, and trust modifications, and handles fiduciary litigation. Chambers High Net Worth ranks the practice in North Carolina private wealth law.
Works from four North Carolina offices — Raleigh, Charlotte, Rocky Mount, and Southern Pines. Its Trusts & Estates group lists trust and estate administration alongside planning, testamentary documents and inter vivos trusts, closely held business succession, and charitable trusts. The published practice page names neither probate nor contested estate litigation.
Headquartered in Raleigh with offices in Asheville, Winterville (Greenville), Morehead City, New Bern, and Wilmington. Its attorneys and paralegals commence, administer, and formally close estate and probate proceedings, whoever prepared the original estate plan, and its litigation group handles will caveats. Six attorneys are Board Certified Specialists in Estate Planning and Probate Law.
All 10 North Carolina trust administration firms serving Henderson 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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