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Summary Administration essentially allows a surviving spouse to have all of the property of the deceased spouse's estate transferred to them, outside of the probate process, as long as they also take the liabilities of the estate.
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. How Much Does an Estate Have to be Worth to Go to Probate? caryestateplanning.com ? nc-estate-probate caryestateplanning.com ? nc-estate-probate
In the situation that no will was left behind, you must fill out an Application For Letters Of Administration and apply to the Clerk of Superior Court for a document known as Letters of Administration. The statutes stipulate the priority of people who are qualified to apply. What To Do When A Loved One Dies - Estate Administration Processes in ... thedoylelawoffices.com ? blog ? a-loved-one-had... thedoylelawoffices.com ? blog ? a-loved-one-had...
When a decedent dies testate or intestate leaving a surviving spouse as the sole devisee or heir, the surviving spouse may file a petition for summary administration with the clerk of superior court of the county where the decedent was domiciled at the time of death. G.S. 28a-28-1 Page 1 Article 28. Summary Administration. § 28A-28 ... ncleg.gov ? statutes ? pdf ? bysection ncleg.gov ? statutes ? pdf ? bysection
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. Probate in North Carolina: Key Deadlines and Timelines arnoldsmithlaw.com ? probate-in-north-caro... arnoldsmithlaw.com ? probate-in-north-caro...