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An affidavit of heirship is used to transfer personal property and/or real property written by a disinterested third party who can testify to the relationship of the surviving spouse(s) and/or heir(s).
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.
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 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.
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.
The Declaration of Heirs aims to legally establish the quality of heirs who succeed in an inheritance, establishing their legitimacy to proceed to the division of that inheritance. As a rule, the declaration is made to designate the heirs; and not some legatees who also succeed in that inheritance.
Probate Threshold for North Carolina The formal probate process typically applies to estates with a value exceeding $20,000. This involves a more complex and court-supervised procedure, with an appointed executor overseeing the distribution of assets and the settlement of outstanding debts.
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.