Please reach us at butch@butchlaw.com if you cannot find an answer to your question.
A will is a written plan for what should happen after you die. In North Carolina, a will can:
A will can’t avoid probate by itself, and it doesn’t control everything (for example, retirement accounts and life insurance pass by their beneficiary forms). But it is the simplest and most powerful tool most people can use to protect their families.
A trust is a legal arrangement where you place assets under the care of a “trustee” to benefit someone you choose.
Here’s the plain-language version:
Trusts can help with:
Some trusts work while you’re alive (like a revocable living trust). Others only activate after your death (like a testamentary trust written inside a will). You can keep control while you’re alive and choose exactly what happens later.
Mostly, you have the freedom to give your property to whoever you want. But there are a few important limits:
You cannot give away what you don’t own.
If something has a joint owner or a named beneficiary, your will doesn’t control it.
You can’t use your will to break the law.
For example, you can’t leave a gun to someone who legally cannot own one.
Marriage can create certain rights.
North Carolina law gives surviving spouses certain protections, like the right to claim an “elective share.” This means a spouse can sometimes claim a percentage of the estate even if the will tries to leave them out entirely.
Child support and debt still matter.
You can’t use a will to erase legal obligations you already owe.
Aside from those limits, your choices are your own -- including gifts to family, friends, nonprofits, or chosen family.
Mostly, you have the freedom to give your property to whoever you want. But there are a few important limits:
You cannot give away what you don’t own.
If something has a joint owner or a named beneficiary, your will doesn’t control it.
You can’t use your will to break the law.
For example, you can’t leave a gun to someone who legally cannot own one.
Marriage can create certain rights.
North Carolina law gives surviving spouses certain protections, like the right to claim an “elective share.” This means a spouse can sometimes claim a percentage of the estate even if the will tries to leave them out entirely.
Child support and debt still matter.
You can’t use a will to erase legal obligations you already owe.
Aside from those limits, your choices are your own -- including gifts to family, friends, nonprofits, or chosen family.
You get to decide how public or private your estate plans are while you’re alive. But here are some helpful guidelines:
Tell your executor.
This is the person who will actually carry out your wishes. They need to know they’ve been chosen and where to find your documents.
Tell your backup person, too.
Life happens -- always name (and inform) a backup executor.
Consider talking with guardians for minor children.
It’s important to confirm they are willing to take on the role.
You don’t have to tell your beneficiaries.
It’s your private decision. Some people choose to share, others don’t.
After your death, your will becomes a public record.
Once the clerk of court accepts your will for probate, anyone can request a copy. If privacy matters to you, a trust may offer better protection
Probate is the court process that happens after someone dies.
The clerk of court in the county where the person lived oversees it. Probate makes sure:
Some things must go through probate, like individually owned property or anything not already set up to pass automatically.
Some things skip probate, such as:
Probate isn’t always scary, but it can be slow, public, and frustrating. Good planning usually makes the process much easier for your family.
It depends on the complexity of your situation and the lawyer you choose. In North Carolina, you’ll usually see:
Some attorneys, like Butch, charge flat fees, which means you know the total cost upfront.
Others charge hourly rates, usually between $200–$400 per hour.
Estate planning isn’t just document preparation -- it’s legal advice about how to structure your assets, how to avoid problems, and how to make sure your wishes actually happen. That’s what you’re paying for.
You don’t need everything figured out -- that’s what the lawyer is for. But a few small steps can help you get more out of the meeting:
1. Make a list of your major assets.
This doesn’t have to be perfect. Just write down things like:
2. Think about who you trust.
You will likely need to choose:
You don’t need every answer, but thinking about it helps.
3. Gather basic documents if you have them.
Bring (or be ready to send):
4. Write down your questions.
Most people ask things like:
5. Think about your goals, not just your documents.
Do you want:
You don’t need perfect preparation -- just clarity about what matters most to you. The lawyer will turn that into a plan that fits North Carolina law.
Please reach us at butch@butchlaw.com if you cannot find an answer to your question.
Yes. North Carolina allows most adults to change their legal name, as long as they follow the steps in Chapter 101 of the North Carolina General Statutes.
People most often change their names after a marriage, divorce, gender transition, or simply because their old name no longer fits who they are.
There are some limits:
A will can’t avoid probate by itself, and it doesn’t control everything (for example, retirement accounts and life insurance pass by their beneficiary forms). But it is the simplest and most powerful tool most people can use to protect their families.
A trust is a legal arrangement where you place assets under the care of a “trustee” to benefit someone you choose.
Here’s the plain-language version:
Trusts can help with:
Some trusts work while you’re alive (like a revocable living trust). Others only activate after your death (like a testamentary trust written inside a will). You can keep control while you’re alive and choose exactly what happens later.
No -- but many people find it helpful.
Changing your name in North Carolina involves:
A lawyer can make the process smoother, help you stay private if safety is a concern, and make sure nothing delays your petition.
Most adults will need:
If you participate in the Address Confidentiality Program, you may provide alternative documentation to protect your location.
Timelines vary, but most people should expect:
Overall, many people complete the full process within 8–12 weeks if they stay organized.
It used to be the law (prior to December 1, 2025) that you had to physically post a notice at the courthouse for 10 days. State law has now changed and while the court proceedings of your name change will be public record, you are no longer required to post notice.
If you are the victim of domestic violence or participate in the Address Confidentiality Program, you can ask the clerk to keep the record of your proceedings out of the public record.
Once the clerk signs off on your request, you will receive certified copies of the order. Use those to update your:
Keeping a list helps you catch everything.
Yes, but the rules are slightly different.
Usually, both parents must consent unless:
The clerk may require additional documents, and the process can take longer.
Yes, but the rules are slightly different.
Usually, both parents must consent unless:
The clerk may require additional documents, and the process can take longer.
Yes. Many transgender North Carolinians use the Chapter 101 process to update their names so their legal identity matches who they are.
You do NOT need:
Your petition simply needs to meet the standard requirements for any adult name change.
No.
Your criminal record stays the same; it is simply updated to reflect your new legal name. This helps law enforcement, the courts, and employers match your old and new records correctly.
Typical costs include:
Total cost for most people: $150–$200
(Attorney fees are separate and vary by firm.)
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