In this YouTube monologue, a North Carolina real‑estate professional and newly certified probate specialist walks viewers through the probate process for real‑estate assets, focusing on Cabarrus County and neighboring counties. The speaker explains that probate records are public, outlines typical timelines (9–18 months), and describes how the type of will or trust affects both privacy and duration. He contrasts living trusts (modifiable, keep records private) with irrevocable trusts (harder to change) and warns against placing burial instructions in a will. The video emphasizes the REALTOR®'s role as a guide—helping families locate attorneys, financial advisors, and navigate paperwork—while also sharing personal anecdotes (e.g., dealing with an incarcerated heir). The speaker promotes his Certified Probate Specialist class, offers referrals, and encourages proactive family discussions to reduce stress and preserve property value for heirs.
Chapters
How do you handle real estate in a will/probate/death? Well, I can only talk to you about what happens in North Carolina and specifically here in Cabarrus County where I serve, because obviously the laws are different everywhere. So before we dive into this video, just tuck into the asterisk in your mind that you should verify wherever you are. And I can also help in Mecklenburg County, Union County, Gaston County, Iredell, and Rowan. Don't stress out. But generally, I'm going to be most helpful where I know the people at the courthouse. Hey ladies, love y'all. So I took a class and I sponsored it called the Certified Probate Specialist. In fact, the 45 of us are now the first ones in North Carolina because we love learning new things in real estate that can allow us to be better servants of the people. And especially when you're talking about a really painful side of real estate like probate, there's no joking. When somebody passes, the stress levels kick out to next level because not only are you trying to figure out which funeral home to hire. And then you've got to get copies of death certificates. And then you start realizing that there's still bills on the real estate, that mortgage is still due, the utilities are still on, you've got to have insurance. And then you've got to find that worthless grandson who's incarcerated. I mean, and no offense, but he's gonna have to sign things too. And so the stress level gets really high, which is one of those times that a real estate professional can be one of the best resources to help figure out all the steps in the process. So let me share with y'all a couple of the top things I learned. And now that I am a certified probate specialist, I feel obligated to tell the public these things. So the first thing you should know is that probate records are public. Now, I didn't know that because I do read the Independent Tribune, but I don't usually look for filings of people's estates and wills and such. But probate files are public. Now, there is one way to keep your information from being out there, and that's by using a living trust. Now, full stop, I'm not an attorney here or a financial advisor, although I used to be one, but I'm not anymore. What I want you to know is that if you're looking at concept of putting your real estate into some kind of a trust, you definitely want to lean on your team of an estate attorney and somebody who understands the financials. If you don't know somebody, I do. So we'll be your whole little team right here. But when you start realizing that can keep your records private, that might be one big reason that you look at a living trust beyond some of the tax benefits and beyond another one of the realities, which is that the terms of that living trust can be changed or modified after it's created. So let's just say there's a family kerfuffle and you found out that that former aunt who's no longer married to your uncle doesn't need to be involved anymore because we're Southern, we know how these things work. You can change a living trust. Now there's another kind of trust called an irrevocable trust where you can make changes, but it's a whole lot harder because everybody who might have an interest in it is going to have to sign. And so if you do have that one incarcerated grandson and he's listed as an heir, he's going to have to sign. And you think I'm joking about this, y'all, but I represented the buyer of a property and the seller had a grandson in jail and the other agent had to go to the jailhouse and get everything signed. And I was worried that the 18-year-old didn't know what he was signing, but the other agent promised she explained things very well. But when you start understanding all of these pieces, you also then get a really good handle on how long probate can take. And so if you are the person who thinks you've just inherited Mamaw's house, The process can take 9 to 18 months, and the length of time that it takes depends on what county you're in. It depends on what kind of a will was done and was it updated. It depends on the items that are being inherited and that are part of that estate. There are so many different things going on, and each one of them can add to the timeframe. But if you heard on the TikTok somewhere that it's going to take years, it actually is more likely to take 9 to 18 months. And there's ways to make it a more seamless process, which frankly, the biggest advice I think I can give to anybody after taking this 8-hour class full of legal terms and hiccups is that you want to get all this stuff talked about and figured out amongst your family members long before your glory day comes to go home. And so when you figure all of this out, you're actually leaving less of a burden on the heirs of your property. And you're also taking care of your community, because let's point that out too. When my mom passes, if it takes some several years for the estate to get handled, the house might fall into disrepair or decay, and that's not good for the neighborhood or frankly for the value of that asset, even if you want to let your cousin's son move in for a little while. So what is the REALTOR®'s job here? Well, the job for the REALTOR® starts now while you're watching this video. Hey, what's up? You should come make an appointment to figure out what are all the steps involved? How do you prepare properly? You might just call me and say, "I need that estate attorney or that financial advisor," and I'll hook you up so that you can go have those conversations in private. And make sure that you're putting together the best plan possible to maximize what you've saved for. Because real estate, for most people, y'all, that's their primary savings vehicle. They don't have a lot of stocks and bonds. They don't have giant savings accounts. They don't have Rolex or Rollies. I think the young people call them Rollies. They don't have all those other things. For most folks, what they have is their house. And so if you want to make sure that you're protecting that asset for your lifetime and for what it can bring to your family, I mean, let me just digress here for a second. We're in an era right now of really low inventory, and so if Mamaw passes, she'd probably like one of the grands to be able to inherit that house. So you want to get everything done in advance so that the next generation has a chance at homeownership too. Now I'm going to tell you, I learned stuff all day long, but I got to tell you the most important thing I learned, and it probably should not have been a shock to me, but I just did not know. And I'm the first one to be glad to learn things I did not know. So lean in and learn something with me, because I was zero days old when I learned that you should not put your burial instructions in your will. Because in my head, all of those things kind of belong in the same documentation. Although for me, I've been plotting out my homegoing service for years because I'm a planner and tucked into my family Bible. And my kids are horrified by this information, but I think they'll be grateful one day. I've got all the hymns laid out. I know who I want to preach me home. I know who the pallbearers are going to be, and I know which funeral home to call. So don't be thinking you can call and solicit my business. I have already selected. So all of that's in there. My burial instructions are in there for where I should be placed so that I can become part of the cycle of life. And then maybe you're going to be cremated. Put all of that stuff together somewhere besides your will, because your will is not going to be opened and read until after you have gone home and the burial has taken place. And I guess logically I should have thought my way through it, but I didn't. So since I learned it, congratulations, you can learn it with me. So for all of y'all who are planners, make sure that that plan is somewhere besides in your will, or else your family is going to read it after and say, Well, thanks a lot, Mom. And you don't want to irritate them after the fact, because they should still be grieving. They should be very distraught that you're gone, instead of irritated that you put the burial instructions in the will. So, if you have questions about how to handle your real estate before you go to the great beyond, and then after, I'll help your family after, you just call me and I'll help. And if you're in a county or a state somewhere else, and you want to take this class, shoot me a note and I'll connect you to the owner and the instructor of the class. That will be Buddy West, and then G. Dunston helped him build it as well. They would love to bring it to your area. And it makes great sense. If we want to make real estate stronger for the future, then each of us has an obligation to make ourselves stronger along the way, so that when somebody calls us, we're able to serve. So, if you're in Cabarrus County, Rowan, Union, Gaston, Mecklenburg, or Iredell, you can call me. And if you're somewhere else, you can still call me and say, "Hey." I'd be so glad to hear your voice and hug your neck.
