An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit. This document, a Non-Probate Affidavit for Collection of Personal Property of Decedent , is a model affidavit for recording the type of information stated. It must be signed before a notary, who must sign and stamp the document. Adapt the text to fit your facts. Available for download now in standard format(s).
An affidavit for collection in North Carolina (NC) is a legal document used to transfer ownership of a deceased person's assets to their beneficiaries or heirs. This affidavit is particularly applicable when the deceased person's estate is valued at $20,000 or less, excluding real estate. The North Carolina General Statutes provide specific guidelines for filing an affidavit for collection in NC. It is primarily used as an alternative to probate, which can be a more time-consuming and costly process. By utilizing this affidavit, individuals can simplify the transfer of certain assets without the need for court involvement. Key elements found in an affidavit for collection in NC typically include: 1. Identification: The affidavit should clearly state the name of the deceased person, their date of death, and their residence at the time of death. It should also identify the affine, who is the person filing the affidavit. 2. Asset details: The affidavit should list all the assets being transferred, such as bank accounts, vehicles, tangible personal property, and securities. It is important to provide specific descriptions or account numbers to avoid confusion. 3. Value: Each asset listed in the affidavit should include its estimated value at the time of the deceased person's death. This helps determine whether the estate falls within the $20,000 limit. 4. Beneficiary information: The affidavit must include the full names, addresses, and relationships of all beneficiaries or heirs who are entitled to receive the assets. This ensures proper distribution according to the deceased person's wishes or intestate laws. 5. Debts and taxes: The affidavit should state that no debts exist against the assets listed or that any outstanding debts have been paid. It should also mention that all applicable taxes have been settled. Additionally, there are different types of affidavits for collection in NC, including: 1. Affidavit for Collection of Personal Property: Used to transfer assets such as furniture, jewelry, or artwork. 2. Affidavit for Collection of Motor Vehicles: Specifically tailored for the transfer of vehicles registered in the deceased person's name. 3. Affidavit for Collection of Bank Accounts: Designed to transfer funds from bank accounts. 4. Affidavit for Collection of Securities: Used for transferring stocks, bonds, or other investment securities. 5. Affidavit for Collection of Other Assets: Applicable when transferring assets that do not fall under the above categories but are still covered by the affidavit for collection process. In conclusion, an affidavit for collection in North Carolina is a legal tool that simplifies the transfer of certain assets from a deceased person's estate to their beneficiaries or heirs. By following the specific requirements outlined in the affidavit, individuals can effectively navigate the collection process without going through probate.