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  • Aoc E 203 2020

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Do All Estates Have to Go Through Probate in North Carolina? Smaller estates with probate-qualified assets valued at less than $20,000 can avoid the formal probate proceeding. If the surviving spouse inherits the whole estate, however, the estate's value can't exceed $30,000 if probate is to be avoided.

A North Carolina small estate affidavit is a document that allows an individual to petition for all or a portion of a deceased person's estate. The petitioner, or affiant, can only use this affidavit if they have a lawful claim to the estate.

What is a “Small Estate”? North Carolina considers “small estates” to be any estate valued at less than $20,000.00 (or $30,000.00 if the only beneficiary is a surviving spouse). You do not have to count real property or certain retirement accounts and life insurance policies if they already include a named beneficiary.

In North Carolina, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

North Carolina Summary: Under North Carolina statute, where as estate is valued at less than $20,000 ($30,000 if the affiant is a spouse and sole heir), an interested party may, thirty (30) days after the death of the decedent, issue a small estate affidavit to collect any debts owed to the decedent.

A Collection by Affidavit is available for a small estate whether the decedent dies intestate (without a will) or testate (with a will). The affiant, or person who makes the affidavit, can be the public administrator or the decedent's heir, creditor, executor, or devisee.

North Carolina offers a simple procedure (called "small estate administration" or "administration by affidavit) that allows inheritors to skip probate altogether when the value of all the assets left behind (after subtracting liens and debts) is less than $20,000.

Notices to creditors must be published once a week for four (4) consecutive weeks and should state that claims must be filed by a date certain, which date is at least three (3) months from the date of first publication of the notice.

What is a “Small Estate”? North Carolina considers “small estates” to be any estate valued at less than $20,000.00 (or $30,000.00 if the only beneficiary is a surviving spouse). You do not have to count real property or certain retirement accounts and life insurance policies if they already include a named beneficiary.

NC Specifics In North Carolina, creditors have at most 3 years from the date of death to file claims against the estate.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232