North Carolina Assignment of Portion for Specific Amount of Money of Interest in Estate in Order to Pay Indebtedness

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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Title: North Carolina Assignment of Portion for Specific Amount of Money of Interest in Estate in Order to Pay Indebtedness Introduction: In North Carolina, an Assignment of Portion for Specific Amount of Money of Interest in Estate in Order to Pay Indebtedness is a legal document used to address outstanding debts by assigning a portion of one's interest in an estate for a specified sum of money. This assignment can help settle debts efficiently, ensuring that creditors are paid what they are owed. Types of North Carolina Assignment of Portion for Specific Amount of Money of Interest in Estate in Order to Pay Indebtedness: 1. Voluntary Assignment: A voluntary assignment occurs when an individual willingly assigns a portion of their interest in an estate to satisfy their debts. This type of assignment is initiated by the debtor and typically requires their consent and cooperation. 2. Court-Ordered Assignment: A court-ordered assignment may arise in situations where an individual has failed to meet their financial obligations or has been subject to legal proceedings due to unpaid debts. In such scenarios, a court can mandate the assignment of a portion of the debtor's interest in an estate to clear their indebtedness. 3. Testamentary Assignment: A testamentary assignment refers to a provision included in a last will and testament, where a portion of the testator's interest in an estate is assigned for the purpose of paying specified debts after their passing. This assignment takes effect upon the testator's death and is subject to the terms and conditions outlined in their will. 4. Partial Assignment: A partial assignment occurs when only a portion or percentage of the debtor's interest in an estate is assigned to cover their indebtedness rather than the entire interest. This type of assignment may be chosen when the debtor wants to retain ownership or control over a part of their interest. 5. Specific Amount of Money Assignment: A specific amount of money assignment refers to situations where the debtor assigns a certain sum of money from their interest in an estate to settle their debts. This type of assignment involves a fixed monetary figure as the assigned amount, ensuring clarity in the debt settlement process. Conclusion: In North Carolina, Assignment of Portion for Specific Amount of Money of Interest in Estate in Order to Pay Indebtedness provides a legal framework for debtors to assign a portion of their interest in an estate to clear their outstanding debts. Whether executed voluntarily, court-ordered, or through a testamentary provision, these assignments enable individuals to honor their financial obligations while managing their estate affairs efficiently.

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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.

§ 28A-25-2. The person or lessor is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit.

The personal representative has the power to take possession, custody or control of the real property of the decedent if the personal representative determines such possession, custody or control is in the best interest of the administration of the estate, including the power to eject occupants of real property.

§ 28A-4-1. Order of persons qualified to serve. If no person so named or designated qualifies, letters testamentary shall be granted to some other person nominated by a person upon whom the will expressly confers the authority to make such nomination.

A personal representative (or legal personal representative), also known as the executor, is the individual chosen to administer the estate of a deceased person. They are designated as such by the decedent or by a court.

3, 4.) § 28A-2A-3. Clerk to notify devisees of probate of wills. The clerks of the superior court of the State are hereby required and directed to notify by mail, all devisees whose addresses are known, designated in wills filed for probate in their respective counties.

What is The Affidavit for Collection of Personal Property? ing to the North Carolina statute § 28A-25-1, a heir can settle a deceased person's estate without going through probate by applying for the Affidavit for Collection of Personal Property of the Decedent (form AOC-E-203B).

§ 28A-2A-2. Executor failing, beneficiary may apply. If no executor applies to have the will proved within 60 days after the death of the testator, any devisee named in the will, or any other person interested in the estate, may make such application, upon 10 days' notice thereof to the executor.

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Learn about estates, how to file an estate, and the administrative process. I. GENERAL. A. Accounts must be filed with the Commissioner of Accounts. Ask the Commissioner how many copies are required to be filed.▫ Court costs and fees must be paid to the Clerk of Superior Court. ▫ You will be informed about the amounts by the clerk's office. Published by. North ... Nonetheless, a specific real estate clause may be useful to facilitate the disposition of any interest in real estate owned solely by one spouse. FOURTH: I give ... The Year's Allowance. A surviving spouse is entitled to an upfront payment of a sum of money set by statute from the deceased spouse's personal property estate. NC General Statutes - Chapter 28A. 37. (29) To pay or satisfy the debts and claims against the decedent's estate in the order and manner prescribed by Article ... However, the joint account holders own the funds subject to rights of the estate to recover the funds to pay certain claims. This is why the funds in the ... A guardian of the estate or general guardian shall have all the powers and duties under this Article unless those are inconsistent with the clerk's order. (c) When an equitable distribution of property is awarded to the surviving spouse pursuant to G.S. 50-20 subsequent to the death of the decedent, the share of ... Any arrangement that results in the identification of a portion of a lease payment, installment payment, or similar scheduled payment as "interest" for purposes ...

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North Carolina Assignment of Portion for Specific Amount of Money of Interest in Estate in Order to Pay Indebtedness