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North Carolina Heirship or Descent Affidavit Questionnaire

Category:
Probate - Heirship
State:
Multi-State
Control #:
US-Q1018
Format:
Word; 
Rich Text
Instant download
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a heirship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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.

The process of settling an Estate or Trust should be thought of more as a marathon than a sprint. At times it can take up to six to twelve months to properly administer an Estate, and any disputes that arise during the administration of the Estate can delay the process significantly (sometimes years).

Rather, it is an affidavit that summarizes the deceased person's family history and the identity of their heirs. Affidavits recorded in the public records of any counties in which the decedent owned property create a rebuttable presumption that the property has passed to the heirs.

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.

The deceased names them the executor in the will and informs them of their role before their death. If the will did not name an executor, you may ask the court to name you as the estate administrator instead. In this case, you act as the executor, but under appointment by the court and not the deceased.

The most useful tool we use to avoid probate is a revocable ?living? trust. A trust is an entity that holds property for the use of individuals known as beneficiaries. The property in the trust is managed by a trustee, but the trustee does not get to use the property for their own benefit.

For small estates, North Carolina has a simplified process which allows you to wrap up the estate without formal probate. This process applies to estates with personal property valued at $20,000, or $30,000 if the surviving spouse inherits everything under state law.

If the value of all of your probate assets is less than $20,000, there may be a streamlined probate process available, but if the total value of the vehicles is more than $20,000, then full probate will be required which can create extra work and fees for your beneficiaries.

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