VETERANS’ DEATH BENEFITS
PROBATE
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All Veterans honorably discharged from the military are entitled to certain death benefits. Veterans and their loved ones should be aware of the burial benefits before they are needed. Family should prepare in advance by discussing cemetery options, collecting the Veteran’s military information, and most im- portantly the proof of military service (DD 214), and discussing preferences. This should be kept with all of the Veteran’s important papers. The DD-214 can be requested from the U.S. Department of Veteran Affairs at va.gov/records/get-military-service-records/ Burial Benefits Any Veteran, except those dishonorably discharged, are eligible for burial in a Department of Veterans Affairs National Cemetery. • Veterans are entitled to burial in a Veteran’s cemetery where space is available. It is important to discuss preferences with the Veteran, so their wishes are honored. • Veterans may be entitled to a one-time death benefit that goes toward the cost of burial. The VA will pay up to $300 toward burial and funeral expenses and a $300 plot-interment allowance. • A government head stone or marker will be issued for burial in a Veteran’s or private cemetery. • Veterans may select “burial at sea,” through the US Navy Mortuary Affairs. • The VA provides an American flag for services to be given to the next of kin or close individual at no cost to drape the casket or accompany the urn of the Veteran. If an extra flag is needed, some service groups such as the VFW may provide one. • A Presidential Memorial Certificate honoring the Veteran’s service (signed by the current Presi- dent) is provided to the family. • Spouses can be buried next to the Veteran. Dependents may also be eligible. Burial with Military Honors The rendering of Military Funeral Honors for a Veteran is free of charge and mandated by law. The honor detail will perform a ceremony which includes folding and presenting of the flag to the next of kin and the playing of Taps. The funeral director will contact the appropriate Military Service to arrange for a funeral honors detail. How do I access the Benefits? Visit va.gov/find-forms to locate & download the following forms, or talk to your Social Worker: • Government Headstone/Marker, American Flag: VA form 40-1330 • Monetary Death Allowance: VA form 21-530 • Presidential Memorial Certificate: VA form 40-0247 More information about the following can be found here: • Military Honors Funeral: va.gov/burials-memorials/what-to-expect-at-military-funeral • Family Member Benefits: va.gov/family-member-benefits • National List of Veterans Cemetery Locations: cem.va.gov/find-cemetery/all-national.asp • Burial at Sea: va.gov/burials-memorials/burial-at-sea You can find answers to all your questions about Veterans’ Burial Benefits at va.gov To speak with a VA agent, call (800) 827.1000.
Probate is required whenever a person dies owning assets in their name, regardless of whether the de- cedent had a valid will. After a person dies, probate is the legal process of administering the estate (i.e. the possessions and liabilities) of the deceased person, who is referred to as the “decedent.” The person who administers the estate is called the “executor” or “personal representative.” In North Carolina, the Clerk of Superior Court ovesees the probate process. Sometimes probate is also referred to as “estate administration.” The probate process starts when a family member or personal representative of the decedent files the decedent’s will and other forms and documents with the Clerk of Superior Court in the county of the decedent’s personal residence. If the decedent did not have a will, then they are considered to be “intes- tate” and a separate form is filed requesting permission from the Clerk of Superior Court to administer the decedent’s estate. During the Probate Process During the probate process, the personal representative is required to notify all beneficiaries of the es- tate, gather all of the decedent’s assets, file an accounting of all of the decedent’s property, settle any debts the decedent owed to creditors, and pay any taxes or administrative expenses owed by the estate. The role of the Clerk of Superior Court is to oversee the process and ensure that the personal representa- tive properly carries out their duties and obligations. Not All Assets Are Subject to Probate Some assets are excluded from the probate process in North Carolina. Assets that are held in joint own- ership with rights of survivorship, such as a marital home, will pass automatically to the survivor without being subject to probate. Any assets that are controlled by a beneficiary designation, such as some retire- ment accounts, 401(k)s, IRAs, life insurance policies, or annuities, are generally not subject to the probate process. Finally, if assets are held in a trust, they may not be subject to the probate process. Concluding of the Probate Process The probate process ends when all of the decedent’s debts, taxes and administrative expenses have been paid and all of the decedent’s remaining possessions have been distributed to the decedent’s beneficiar- ies. At such time, the Clerk of Superior Court will release the personal representative from their duties and issue what is referred to as a “closing letter” indicating that the probate process is complete.
866.466.9734
FourSeasonsCare.org
FourSeasonsCare.org
866.466.9734
Four Seasons
Four Seasons
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