Probate has 2 definitions:

  1. Probate is the process for determining whether a Will is valid.
  2. Probate also refers to the administration of a Decedent’s estate.

The person who has died is often referred to as a Decedent. When a Decedent has a Will in place, the Court will first determine if the Will is valid. If so, the estate will be administered as the Will directs. When a person dies without a Will in place, it referred to as Intestate. With an Intestate administration, the estate will be distributed as required by the North Carolina Intestate Succession Act.