North Carolina Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment

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Multi-State
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US-03320BG
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Description

An affidavit must be in writing and be sworn to or affirmed before some legally authorized officer. Statutes of various jurisdictions ordinarily prescribe various formal requirements for the affidavits. These requirements may be just proper form or may be essential as to the legal effect of the affidavit.


It is essential to the validity of an affidavit that it be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths or affirmations. This may be done by having the officer administer the oath to the affiant or by having the affiant affirm to the officer, with the officer's consent, the truth of the matters contained in the affidavit. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.

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FAQ

This value includes all movable assets?for example, vehicles, jewelry, and livestock. Intangible assets, such as stocks, bonds, and bank accounts, also form part of the decedent's personal property.

Claim and Delivery. § 1-472. Claim for delivery of personal property. The plaintiff in an action to recover the possession of personal property may claim the immediate delivery of the property as provided in this Article at any time before the judgment in the principal action.

If a debtor has filed for bankruptcy or has otherwise failed to live up to the terms of their agreement with a creditor, the creditor may be able to protect their financial position by filing a replevin action. This type of action is also often referred to as a Claim and Delivery.

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).

Claiming Property With a Small Estate Affidavit Sign the document. Get it notarized. Attach a copy of the will (if there is a will) File the completed affidavit with the local probate (superior) court in the North Carolina county where the deceased person lived.

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.

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.

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North Carolina Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment