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Laws
- Maximum Estate Value: $20,000 (or $30,000 if the decedent’s surviving spouse is the sole heir)[1]
- Mandatory Waiting Period: 30 days[2]
- Where to File: Superior Court[3]
How to File (3 Steps)
Step 1 – Verify Requirements
To qualify as a small estate affidavit, the following requirements must be met[4]:
- The value of personal property does not exceed the state maximum.
- At least 30 days have elapsed since the date of death.
- No application for the appointment of a personal representative is granted or pending.
- The affiant is the decedent’s heir, devisee, executor named in the will, creditor, or the public administrator.
Step 2 – Complete and File Affidavit
The affiant must complete the Affidavit for Collection of Personal Property of the Decedent, get it notarized, and file it with the Superior Court of the county where the decedent resided.
Claimants who aren’t North Carolina residents must have a local agent appointed through Form AOC-E-500, which allows the agent to be served citations, notices, and processes for the estate.
If the decedent’s surviving spouse is the sole heir, they should instead file the Application for Probate and Petition for Summary Administration (Form AOC-E-905), which will allow them to inherit the decedent’s entire estate.[5]
Step 3 – Collect and Distribute Property
The completed Affidavit can be used to collect estate property and distribute it to the successors.[6]
Following estate distribution, the affiant must file Affidavit of Collection, Disbursement, and Distribution (Form AOC-E-204) within 90 days of the initial filing.[7]