Probate in Wake County

Probate Court Record

Wake County Clerk of Superior Court

Wake County · Superior Court District 10

Hours

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

Office

316 Fayetteville Street Mall, Raleigh, NC 27601

Self-represented filing

Allowed

Self-help forms

How to file probate in Wake County →

Verified October 16, 2026 · Source

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

Trust Administration Firms Serving Wake County

A Ballantyne solo practice in Charlotte serving Mecklenburg County, led by Janice L. Davies, an NC Board Certified Specialist in Estate Planning and Probate Law. She takes personal representatives and trustees through estate and trust administration, prepares estate and income tax returns, and resolves will and trust conflicts through settlement agreements and caveats.

Solo PracticeServes 7 countiesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+8

A three-attorney Fuquay-Varina firm whose predecessor opened in 1953 and took its present name in 2001. Its estate practice assists executors in administering the estate, handles disbursement and closure of estates and administration of trusts, and files guardianship proceedings. Linda F. Johnson is appointed by the Wake County court as a public administrator for estates that have gone awry.

Since 1953Serves 1 countyEstate PlanningTrust AdministrationProbateGuardianship

Serves Forsyth and Durham counties from offices in Winston-Salem and Durham. The firm guides personal representatives and trustees through estate and trust administration — inventorying assets, settling claims, distributing property, and filing fiduciary income tax returns — and litigates will contests and trust disputes when an administration goes wrong. The intake Needs Assessment call is free.

Free consultationEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+2

Serves Durham County and the Triangle from an office between Durham and Chapel Hill. Four attorneys and three estates paralegals handle estate and trust administration: probating the will, filing estate and fiduciary income tax returns, and post-mortem disclaimers and family settlement agreements. The firm has NC Board Certified Specialists in Estate Planning and Probate Law.

Estate PlanningTrust AdministrationProbateTax PlanningSpecial Needs Planning

A Durham firm founded in 1997 and focused on estate planning and its related disciplines. Attorneys advise executors and beneficiaries through probate court filings, asset transfer and tax returns, and assist trustees with trust administration and modifying or decanting outdated trusts. Each partner is a North Carolina State Bar Board Certified Specialist in Estate Planning and Probate Law.

Since 1997Estate PlanningTrust AdministrationProbateElder LawTax Planning+3

Serves Orange County and the Triangle from Chapel Hill, with a practice concentrated on wills, trusts, and estates. The firm settles decedents' estates through the court probate process — distribution of assets, creditor claims, and tax returns — and handles guardianship proceedings. Beth Tillman is a North Carolina Board Certified Specialist in Estate Planning and Probate Law.

Estate PlanningTrust AdministrationProbateTax PlanningGuardianshipCharitable Planning

All 21 North Carolina trust administration firms serving Wake 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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