Top 5 Probate Myths That Keep North Carolina Families from Planning Ahead
Don’t Believe These Myths
Most families don’t think about probate until it’s too late. They assume things will “just work out” when the time comes. But I’ve seen firsthand how waiting can lead to heartache, conflict, and long delays in court. As a North Carolina estate planning attorney, I meet families every week who tell me the same thing: “We wish we had done this sooner.”
Let’s look at five common myths about probate and some stories that show why planning ahead makes all the difference.
Myth #1: Probate is simple if you have a small estate
When Jane Doe’s mother passed away in Garner, she thought settling things would be quick. Her mom didn’t own much. She just had a house, an old car, and a modest bank account. “It’ll be easy,” Jane told her brother. But once they started the process, they discovered that even small estates in North Carolina must go through the probate court.
Weeks turned into months. They couldn’t sell the house until the court appointed my client as Executor. Utility bills kept coming, and their mother’s accounts were frozen. By the time probate closed, the stress had taken its toll.
Truth:
Even “simple” estates require court approval, paperwork, and waiting. A basic will or small-estate procedure doesn’t mean “no probate.” Proper planning, like a revocable living trust or transfer-on-death designations, can help families avoid this burden.
Myth #2: Any will is better than no will
The Flintstones thought they were prepared. They downloaded a will template from the internet, filled in the blanks, and stuck it in a drawer. After their father passed, the children brought it to the Wake County courthouse, only to learn it wasn’t valid. The two children, who were interested parties, were the only two witnesses to the will.
The court refused to allow the children to inherit pursuant to North Carolina law. See North Carolina General Statute § 31-10 . Instead of the children inheriting, the grandkids received the money and property. Arguments over property soon followed.
Truth:
A will that isn’t properly executed can create more confusion than having none at all. Working with an experienced estate-planning attorney ensures your will meets legal standards and truly protects your family’s wishes.
Myth #3: Joint accounts avoid probate—so that’s all you need
When Mickey Mouse’s father grew older, he added Mickey to his bank account “for convenience.” After his father passed, Mickey’s siblings assumed he would share the funds with them. But legally, the entire account now belonged to Paul alone. And guess what. Mickey kept the money. His brother and sister were shocked and hurt.
They eventually repaired their relationship, but the money caused lasting tension.
Truth:
Joint accounts can unintentionally disinherit other heirs. While joint ownership can help with bill paying, it’s not a full estate-planning tool. Clear planning with beneficiary designations or a trust ensures every child is treated fairly.
Myth #4: If I have a will, my family won’t need probate
When Jack and JIll signed their wills years ago, they felt relieved. “Now our kids won’t have to deal with court,” they said. But when Jack passed, Jill discovered that their home, still titled only in his name, had to go through probate to transfer ownership.
Their son spent months gathering paperwork and paying filing fees. The will helped but it didn’t bypass the court process.
Truth:
A will directs how assets are distributed, but it doesn’t avoid probate. Assets titled solely in your name, like real estate or vehicles, still go through court. Trusts, payable-on-death designations, and updated deeds can spare your family that extra step.
Myth #5: Probate takes years and costs a fortune
You’ve probably heard stories of estates dragging on for years. While that can happen, it’s not always the case. The Carter family’s experience shows the difference preparation makes.
When Mr. Carter passed away, his daughter Emily handled everything. Her dad had worked with an attorney to organize his assets, label his accounts, and name beneficiaries. Because of that, probate in Wake County took only a few months and costs stayed low.
Truth:
Probate doesn’t have to be long or expensive. With proper planning—updated documents, organized accounts, and trusted helpers—families can move forward quickly and peacefully.
A Story of Peace of Mind
Not every probate story ends in tears.
The Lopez family decided to plan early. They created wills, a trust, and named powers of attorney. When their father passed unexpectedly, his wife Linda was heartbroken, but not overwhelmed. She had clear instructions, access to funds, and the support she needed. Instead of battling paperwork, she spent her time with family and healing.
That’s the power of planning. It turns fear and confusion into clarity and peace.
The Takeaway
The truth is, every family will face loss one day. But the pain doesn’t have to be made worse by legal red tape. You can give your loved ones the gift of calm, clear direction by planning today.
As The Happy Lawyer NC, I help families all over Wake County, Garner, and Cary create estate plans that keep them out of probate court and bring peace of mind when it matters most.
Contact Us
Don’t wait until it’s too late.
Schedule your free Discovery Call today to talk about your goals, your family, and how to protect what matters most.
📞 Call (919) 336-4219 or visit https://www.thehappylawyernc.com/
