An affidavit is based upon either the personal knowledge of the affiant or his or her information and belief. Personal knowledge is the recognition of particular facts by either direct observation or experience. Information and belief is what the affiant feels he or she can state as true, although not based on firsthand knowledge.
An affidavit is a written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law.
The Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding cannot be filed until 30 days after the Decedent's date of death. If the Decedent has a Will, you must file the original with the Court along with the Application for Probate (form 300ES).
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.
An affidavit of collection of personal property serves as an essential legal tool. It enables individuals, often heirs or representatives, to collect personal assets belonging to a decedent. This legal document streamlines the process of transferring ownership without needing a lengthy probate procedure.
Under North Carolina law (NC General Statutes § 28A-25-1), you can opt to use a small estate affidavit instead of probate if the total value of the assets covered by probate are less than $20,000 or less than $30,000 if the spouse is the only heir.
STEPS FOR Filing… Fill out the Affidavit for Collection of Personal Property of Decedent (AOC-E-203B) 2. All beneficiaries/heirs must be listed on the form with full names and addresses 3. Complete the Family History Affidavit 4. Original Will (if one exists) 5.
Probate Threshold for North Carolina In North Carolina, the threshold for determining whether an estate must go through the formal probate process or qualify for simplified probate procedures is set at $20,000 or less.
The small estate affidavit in North Carolina is a legal document that allows heirs to claim assets from a deceased person's estate valued at $34,000 or less, excluding exempt property. This process bypasses formal probate, helping beneficiaries access funds and property more quickly and efficiently.
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.
STEPS FOR Filing… Fill out the Affidavit for Collection of Personal Property of Decedent (AOC-E-203B) 2. All beneficiaries/heirs must be listed on the form with full names and addresses 3. Complete the Family History Affidavit 4. Original Will (if one exists) 5.
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.
