LIVING PROBATE: DEFENDING YOUR ESTATE BEFORE THE GRAVE

North Carolina is one of very few states that offers “Living Probate”. Living Probate allows a testator to judicially validate their Last Will and Testament during their lifetime to prevent issues from arising after their death. Unhappy heirs or beneficiaries who did not inherit as much as they felt entitled too, or were disinherited altogether, often caveat the Last Will and Testament of the deceased. A caveat proceeding puts your family through a lot of stress during a time they are grieving your loss. Defending a caveat can also be financially burdensome on your family and estate. Living Probate is a way to protect your family and estate from any potential caveators.

Living Probate is a way for a testator to ensure that their wishes are honored and that beneficiaries of their bequests are protected. You, as the testator, are still living and able to defend your Last Will and Testament from claims that you were under significant financial or physical duress, coercion, or mentally incapacitated at the time you had your Last Will and Testament drafted and executed. You are still living and able to refute these types of claims before they cause issues for your family and estate. Without a Living Probate, if a caveator wants to contest your Last Will and Testament, it is a lot harder for your family and estate to defend against those type of claims if you are already deceased.

There are very few drawbacks to a Living Probate. Your Last Will and Testament does become public record in the estate file at the courthouse in the County in which you reside. However, after the Clerk of Court issues an order that your Last Will and Testament is valid and a certificate of validity is issued, you can request that the file be sealed until the time of your death. Also, you still maintain the ability during your lifetime to make changes to your Last Will and Testament through a codicil or to revoke it all together. However, if you make changes to that existing Last Will and Testament through a codicil or revoke it and execute a new Last Will and Testament, you would have to have a new Living Probate filed with the new Last Will and Testament or codicil to ensure it is also protected.

If you plan to disinherit any heir or are aware of any potential discord that could arise among your beneficiaries after you pass, then a Living Probate is right for you. The costs of protecting your estate from potential caveators during your lifetime is less than the stress and financial burden upon your heirs and beneficiaries who are trying to defend your estate through your Last Will and Testament after you are gone. Take advantage of the benefits of a Living Probate today to protect your wishes and family in the future.