Planning for the future can feel overwhelming—especially when it comes to deciding what happens to your property after you’re gone. If you live in Wilmington, NC, or anywhere else in North Carolina, taking the time to create a thoughtful estate plan is one of the most important gifts you can leave your loved ones.
Let’s dive into the best ways to leave property upon death in Wilmington while keeping things simple, compassionate, and legally sound.
If you don’t make a plan, the state will make one for you. That means if you die without a valid will or trust, North Carolina’s intestate laws will decide who gets what—and the outcome might not be what you would’ve wanted.
An estate plan isn’t just about distributing real property and assets. It’s about making sure your loved ones aren’t left navigating a stressful probate process without guidance. And honestly, nobody wants their family tangled up in probate court when they’re grieving.
A will lets you control who inherits your assets. You’ll also get to name an executor (also called a personal representative) to handle the estate administration process. It covers:
The downside? A will alone won’t help you avoid probate—but it does make the process smoother for everyone involved. Plus, a well-drafted will can help prevent disputes among loved ones down the road.
Just remember to keep it updated with life’s big changes—like marriage, divorce, or a growing family—so it always reflects your wishes.
Want to avoid probate altogether? Enter the trust.
Either way, trusts help your loved ones skip the hassle of court proceedings—and that’s a pretty big win. Better still, a trust can help manage your assets if you become incapacitated. Because it’s more flexible than a will (in the revocable sense), you can make changes as life events unfold.
No one wants to deal with bank accounts going through probate. With payable-on-death designations, you can name a beneficiary to receive funds directly.
The result? Fast, probate-free transfers that won’t leave your family jumping through legal hoops. Most banks allow you to set up POD beneficiaries with just a simple form. It’s a straightforward way to ensure your money goes to the right people without tying them up in paperwork.
If you jointly own property with someone—like your surviving spouse—North Carolina’s right of survivorship laws ensure they automatically inherit your share upon your death. No court battles, no waiting around.
Just double-check that your deed or title documents explicitly mention the “right of survivorship” to avoid any legal hiccups. Keeping everything in writing makes it clear who’s entitled to what when the time comes.
A transfer-on-death deed is perfect for real estate in North Carolina. It lets you name a beneficiary who will automatically inherit your property, bypassing the need for probate entirely.
You’ll keep full control of your property during your lifetime, and your beneficiary won’t gain any rights until you’re gone. It’s a hassle-free way to keep real estate in the family without tying everything up in court.
Sometimes, the easiest way to simplify your estate administration is to give away property while you’re alive. Just keep in mind that larger gifts might have tax consequences—so be sure to check with an estate lawyer or tax law professional.
On the plus side, gifting can reduce the size of your taxable estate over time. But be mindful of annual and lifetime gift tax limits to ensure you’re staying on the right side of the law.
Probate sounds intimidating, but it’s really just the legal process that happens after someone dies. If you don’t have a trust or POD/TOD designations in place, your estate will likely go through probate.
Here’s what happens:
The whole process can take months—sometimes longer for larger estates. And yes, there are court costs involved.
If you want your family to skip probate entirely (and who doesn’t?), here are a few strategies:
Avoiding probate means your loved ones get access to their inheritance faster—without the headaches of court paperwork.
Even though North Carolina doesn’t charge an estate tax, larger estates might still face federal taxes. A good estate planning attorney can help you minimize your tax burden using tools like trusts and charitable donations.
Planning how to leave property after death isn’t just a legal formality—it’s a way to take care of your family even when you’re not here. Whether you’re looking to set up a trust, draft a clear will, or avoid a complicated probate estate, having the right legal team makes all the difference.
At Johnson Legal, PLLC, we’re here to help you create a clear, compassionate estate plan that works for your life and your loved ones. Contact us today to schedule a consultation and take the first step toward protecting what matters most.
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.
