When you are thinking about your legacy, the last thing you want is for your loved ones to face court delays, unexpected expenses, or added stress during an already emotional time. That is why many families in Wilmington and throughout North Carolina want to know the same thing: how to avoid probate.
At Johnson Legal, PLLC, we believe estate planning should feel like an act of care—not a source of confusion. If you are just starting to think about what happens to your home, your savings, or your family heirlooms after you pass, we are here to walk you through your options in a way that makes sense.
Probate is the legal process that takes place after someone passes away. It involves:
In North Carolina, this process is handled by the clerk of superior court in the county where the deceased person lived. If there is a valid Will, the person named as executor is responsible for managing the estate under court supervision. If there is no Will, the estate is distributed according to state intestacy laws.
While probate is a common and often necessary part of settling an estate, many families find it to be:
Because of this, many people want to know how to avoid probate altogether.
Probate is not always a nightmare—but avoiding it can make life much easier for the people you care about. Here are some reasons why:
Probate can delay access to your estate, especially if there are disputes, incomplete paperwork, or creditor claims. When your assets are set up to avoid probate, your beneficiaries may be able to receive what you leave them much sooner—without waiting on the court.
Because probate is a court process, it is part of the public record. That means anyone can see what your estate included and who received what. Avoiding probate allows you to keep family matters private.
While North Carolina has relatively modest probate filing fees, other costs—like executor compensation, attorney fees, and appraisals—can add up. Avoiding probate can help preserve more of your estate for your loved ones.
There are several proven strategies that can help you avoid probate or minimize how much of your estate goes through it. Some are simple changes you can make today. Others involve creating legal documents with the help of an estate planning attorney.
Here are the most common ways to avoid probate in North Carolina:
This is one of the most effective tools for avoiding probate. When you create a Revocable Living Trust, you transfer ownership of your assets into the trust while you are still living. You can manage the trust during your lifetime, and after your death, your chosen successor trustee can distribute the assets directly to your beneficiaries—without involving the probate court.
Trusts are especially helpful for:
At Johnson Legal, PLLC, we help clients create trusts that are customized to their needs and easy for their loved ones to manage later on.
Many assets can be passed directly to a beneficiary without going through probate—if the right designations are in place. These include:
Making sure your beneficiary forms are up to date is a simple and effective way to avoid probate for those assets.
In North Carolina, real estate and other assets that are titled jointly with a “right of survivorship” will automatically pass to the surviving owner when one person dies. This means the property skips probate and goes directly to the co-owner.
This method works well for:
It is important to speak with an attorney before adding someone to your title, as it can affect your taxes, control of the property, and other aspects of your plan.
If the total value of an estate is small, North Carolina allows heirs to use a simplified process that avoids full probate. As of 2025, estates valued at $20,000 or less (or $30,000 for surviving spouses) may qualify for this shortcut using a document called an “Affidavit for Collection.”
While this is not a method you can count on for larger estates, it is worth knowing about if you are managing someone else’s estate—or planning your own with minimal assets.
No one enjoys thinking about the end of life, but the truth is that your estate plan is one of the most meaningful gifts you can leave behind. Avoiding probate is not just about keeping things simple—it is about easing the burden on your family during one of the hardest moments of their lives.
At Johnson Legal, PLLC, we take the time to listen to your goals, explain your options, and create a plan that gives you peace of mind. Whether that means drafting a Living Trust, reviewing your beneficiary designations, or simply making sure your Will is in place, we are here to help every step of the way.
Avoiding probate does not have to be complicated—but it does require planning. If you are not sure where to start, that is exactly why we are here.
Whether you want to learn more about trusts, update your estate documents, or talk through your specific concerns, our team is ready to help. We proudly serve families throughout Wilmington and the surrounding communities with thoughtful, compassionate estate planning support.
Call Johnson Legal, PLLC today to schedule your consultation. Let us help you create a plan that works—for you and the people you love.
Shane T. Johnson is the CEO and Managing Partner of Johnson Legal, an estate planning and business law firm in Wilmington, NC. With years of experience in estate and business law, he has zealously represented clients in various legal matters, including small business formation and purchasing, estate planning, probate, domestic violence, and other legal cases.
Shane received his Juris Doctor from the University of Wyoming and is a member of the North Carolina Bar Association. He has received numerous accolades for her work, including being named among the Best Probate Lawyers in Wilmington by Expertise.com.
