Serves Wilmington and New Hanover County from Wrightsville Avenue. Two of its attorneys work in trusts and estates, taking fiduciaries through estate and trust administration and handling estate-tax, gift-tax and charitable gift planning. Jill Kaess is a CPA, a Board Certified Specialist in Estate Planning and Fiduciary Law certified by the North Carolina State Bar, and an ACTEC Fellow.
Wilmington is in New Hanover County.
Probate in New Hanover County
Probate Court Record
New Hanover County Clerk of Superior Court
New Hanover County · Superior Court District 6
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
316 Princess Street, Wilmington, NC 28401
Website
E-filing
Self-represented filing
Allowed
Self-help forms
How to file probate in New Hanover County →
Verified October 16, 2026 · Source
Do I need a lawyer for probate in New Hanover County? →Settling an estate in New Hanover 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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Free
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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