If you’ve ever dealt with the probate process, you’ve probably heard the same concerns again and again: unexpected bills, unclear timelines, and legal fees that seem to grow every month. At our firm, we believe clients deserve better.

That’s why we’re pleased to announce that we now offer flat-fee probate services for many probate matters.

What Does “Flat Fee Probate” Mean?

Instead of charging by the hour, our probate fees are based primarily on the value of the estate, with the total cost discussed up front before we begin work. While certain variables may affect the final fee—such as the complexity of the estate or the nature of the assets involved—the most important difference is that clients will know the fee in advance. This eliminates the uncertainty and surprise that often accompany hourly billing.

Why We Moved Away From Hourly Billing

Hourly billing can create unnecessary stress at an already difficult time. Clients are often left wondering how much the process will ultimately cost, whether they should avoid calling their attorney to keep fees down, or why their bill has increased even when the case appears to be moving slowly.

Experienced and efficient attorneys do not like to measure their value with their time, either.  The hourly billing model incentivizes some attorneys not to work quickly or some firms to have multiple people working on the same issue.

With a lot of thoughtful research and study, we’ve found a way to offer flat-fee probate services. Clients can ask questions and seek guidance without worrying that every phone call or email will increase their legal bill. This approach allows us to focus on efficiently guiding the estate through the probate process, rather than monitoring time spent on each task.

Flat-fee billing also better aligns our interests with those of our clients. Our goal is to resolve probate matters as smoothly and quickly as possible, while keeping expectations clear from the start.

Are All Probate Cases Flat Fee?

Many probate matters are well suited for a flat-fee structure, particularly uncontested estates where assets are clearly identified and beneficiaries agree to the billing model. However, probate is not one-size-fits-all. Certain factors can affect pricing, including the total value and type of assets or complications such as missing beneficiaries or unclear documentation. 

Transparently, we may not accept as many cases as we once would.  The flat fee must be paid in advance, and all beneficiaries must agree to this structure (eliminating cases involving disputes among heirs), although we can sometimes reach alternative arrangements such as getting paid out of the proceeds from the sale of a house that is involved in probate (one of the main reasons why families have to go through this process in the first place).  

For that reason, we evaluate each case carefully before agreeing to proceed and explain how these factors may impact the flat fee before moving forward. Our goal is always to ensure clients understand both the process and the cost from the outset.

A Better Way to Handle Probate

Our goal is simple: to make probate more understandable, more predictable, and less stressful for the people going through it. If you have just suffered the loss of a loved one and may have to serve as the executor, or if you work in an industry where you are frequently involved with executors, we invite you to contact our office to learn more about flat-fee probate services.

Probate is a process that typically occurs while people are grieving the loss of a loved one. Financial uncertainty should not make that experience more overwhelming. Contact Jesson & Rains for assistance. While You Build, We Protect®.

By Senior Associate Jeneva A. Vazquez

As estate planning attorneys, we often receive calls from the family members of small business owners after the owner has become incapacitated or passed away. These conversations are emotional and stressful, and without proper planning, a business can quickly become tangled in legal red tape, disrupting operations and harming its value.

If you are a solopreneur or small business owner, estate planning isn’t just personal—it’s a business necessity.  If you are suddenly unable to run your business due to illness or injury, business operations can come to a halt in a matter of days.  Without a valid power of attorney in place, no one—not your spouse, family, or team—has the legal authority to access business bank accounts, sign contracts, or make payroll.  Incapacitation can jeopardize your employees’ paychecks, your clients’ trust, and your company’s survival. With a plan in place, you can designate someone you trust to step in and keep things running smoothly if you're ever unable to do so.

Another common issue arises when trying to prove business ownership after death. Unfortunately, family members are oftentimes left with documentation that rarely provides the level of detail needed to prove actual ownership.

Sometimes when people form an LLC, the Articles of Organization filed with the Secretary of State’s office will list out all the owners, but not always, and in those cases where they are not all listed, an operating agreement is needed.  However, if your business is a corporation, the owners are NEVER listed on the Articles of Incorporation.  The business must issue share certificates or the owners must enter into a shareholder agreement to show ownership, and we find that frequently does not happen.  Without formal documentation of ownership, survivors may struggle to access accounts or make critical decisions.

Additionally, these same formal business documents help protect you during your lifetime from business liabilities, so it’s really important that businesses are set up properly.

Finally, as a business owner, meeting with an estate planning attorney is important in order to help keep your business interests out of probate when you pass away.  Probate can delay business continuity for months or longer. During that time, no one may have the authority to access business funds or formally transfer ownership.  Probate is also a public process, meaning sensitive business information can become part of the court record. Using trusts can allow your business interests to bypass probate and ensure a quicker, more private transition in line with your wishes.

At our firm, we help business owners like you create custom estate plans that reflect your goals and protect what you’ve worked so hard to build. We also help you proactively set up the legal foundation of your business.  Contact Jesson & Rains to help you secure your business, your legacy, and your peace of mind.  While You Build, We Protect.® 

By Associate Attorney Katy Currie

Valentine’s Day is a holiday to celebrate the endless love we have for the loves of our life. What better present to give your Valentine this year than ensuring your estate planning is done? There are many important aspects of sitting down and planning for your future through your estate planning documents, and unfortunately, there are countless issues that could arise without proper estate planning.

Without a will you lose the control you have over who inherits what when you pass away, and this could have huge implications on your loved ones.  You are deemed to have died “intestate” if you die without a will. North Carolina has an Intestate Succession Act which is the default law that kicks in if you should pass away without a will. It names which of your surviving family members are considered your legal heirs in North Carolina.

The most common misconception surrounding intestate succession is that your spouse will inherit everything if you pass away without a will. This is not always the case if you have probate property and are survived by children or parents in addition to a spouse. For example, if you do not have a will and are survived by a spouse and one child (or grandchildren if that child is deceased), or a spouse and a living parent if you have no children or grandchildren, in addition to receiving the $60,000 spousal allowance, your surviving spouse takes the first $60,000 of your personal property, ½ of your real property, and ½ of whatever remains of your personal property while the child/grandchildren/parent inherits the remainder.  If you are survived by multiple children or grandchildren, that number is cut to 1/3.

Additionally, in North Carolina, a will is the only way to name a guardian for your minor children in the event both parents pass away. You can also create a testamentary trust within your will, which will name a trustee who can be the money manager for inheriting children until they reach a certain age (later than the default age of 18).

So, while enjoying a nice romantic dinner to celebrate and show your love for your Valentine, it is also an opportunity to discuss planning for your future while you have some alone, intimate time together. If you approach the conversation with care and thoughtfulness, it could help you break the ice for those difficult, but important, decisions for your estate plan which will have a positive impact on your Valentine for years to come.  If you would like to take the next step and work on your estate plan, give Jesson & Rains a call!

By Shayla Martin

We are thrilled to announce the new licensure of attorney Katheryn “Katy” Currie in the state of South Carolina. Katy initially joined our team in November of 2022 with licenses in North Carolina as well as Alabama. Katy has been a dedicated and passionate advocate for her clients for several years, and her expansion into South Carolina is a testament to her commitment to providing exceptional legal services. Her experience and expertise in various areas of the law, including probate administration, estate planning, and business transactions, will undoubtedly benefit individuals and businesses throughout South Carolina.

Along with Katy, our experienced legal team is ready to assist with probate matters, guiding you through the complexities of estate administration and ensuring the smooth transfer of assets to beneficiaries after the death of a loved one. Our estate planning services include wills, trusts, powers of attorneys, and advanced directives, ensuring that your assets are protected and your wishes are honored. Finally, for businesses in South Carolina, we offer a wide range of legal services, including contract drafting, business formation, and more. We're here to help you navigate the complexities of the business world while protecting your interests.

​Coming Soon: South Carolina construction and litigation services. We’re also happy to announce that partner Edward Jesson passed the South Carolina bar this fall and is expected to be licensed in SC early next year.