Probate Q&A Series

How do I decide which assets to list on a North Carolina small estate affidavit and which ones I can leave blank or put zero for? — North Carolina

Short Answer

List only the decedent’s probate personal property—things owned in the decedent’s name alone at death—on the small estate affidavit. Do not include non‑probate assets like joint accounts with right of survivorship, payable‑on‑death (POD/TOD) accounts, or life insurance and retirement benefits with named beneficiaries. The affidavit must also describe any real estate owned, but real estate value does not count toward the dollar limit. Leave categories blank or enter “0” only when the decedent owned nothing in that category.

Understanding the Problem

You want to know, in North Carolina probate, which assets belong on the small estate affidavit and which you can skip. The decision point is simple: you must decide whether a particular item is probate personal property (list it) or a non‑probate transfer (do not list it as estate property). In North Carolina, the affiant files after 30 days with the Clerk of Superior Court and must include a description of any real estate owned.

Apply the Law

North Carolina allows collection of a decedent’s personal property by affidavit when the total probate personal property is under the statutory cap, there has been a 30‑day wait, and no personal representative has been appointed. “Probate personal property” means assets titled solely to the decedent that do not pass by beneficiary designation or survivorship. Non‑probate transfers (e.g., POD/TOD, survivorship accounts, beneficiary‑designated insurance/retirement) are generally excluded from the affidavit’s asset listing. The affidavit must still identify each tract of real property the decedent owned; however, real estate value does not affect eligibility for the small estate process. The Clerk of Superior Court is the forum.

Key Requirements

  • Eligible assets only: List probate personal property owned solely by the decedent (e.g., sole‑titled bank accounts, vehicles, securities, refunds, tangible items).
  • Exclude non‑probate items: Do not include joint accounts with right of survivorship, POD/TOD accounts, or life insurance/retirement with named beneficiaries.
  • Real estate disclosure: Describe each tract of real property owned; its value does not count toward the cap and the affidavit does not authorize sale of real estate.
  • Dollar cap: Total probate personal property must not exceed $20,000 (or $30,000 if the surviving spouse is the sole heir/devisee; the spousal allowance can reduce the amount counted).
  • Timing & status: File at least 30 days after death, and only if no personal representative has been appointed or is pending.
  • Distribution & closing: Collect assets, pay allowances and valid claims, then distribute the remainder and file a final affidavit—typically within 90 days—plus the associated fee.

What the Statutes Say

Analysis

Apply the Rule to the Facts: No facts were provided, so consider these brief examples. Example 1: The decedent had a checking account in the decedent’s name alone ($8,000), a joint checking account “with right of survivorship” with a child ($6,000), and a life insurance policy naming the spouse as beneficiary ($25,000). List the $8,000 account; do not list the survivorship account or the insurance as estate assets. Example 2: The decedent owned a car titled only in the decedent’s name ($9,000) and a home ($300,000). List the car; identify the home in the real estate section (value does not count toward the cap), and note the affidavit does not authorize you to sell the home.

Process & Timing

  1. Who files: An heir, devisee, named executor, creditor, or public administrator. Where: Clerk of Superior Court in the North Carolina county of the decedent’s domicile. What: AOC‑E‑203B (Affidavit for Collection of Personal Property) and, for testate estates, attach the probated will as required. When: File at least 30 days after death and only if no personal representative has been appointed.
  2. After filing, obtain certified copies from the Clerk and present them to banks, brokerages, and others to collect sole‑titled assets; timing varies by institution and county.
  3. Within about 90 days of the qualifying affidavit, file AOC‑E‑204 (Final Affidavit) showing collections, payments (allowances/claims), and distributions; pay the filing fee calculated on the personal property collected.

Exceptions & Pitfalls

  • Do not include non‑probate transfers (POD/TOD, survivorship accounts, beneficiary‑designated insurance/retirement); listing them can inflate the total and jeopardize eligibility.
  • You must identify each tract of real estate, but the affidavit does not let you sell real property; if real estate must be sold to pay debts or you plan to sell within two years, consider opening a full estate or using a limited personal representative to publish notice to creditors.
  • If newly found probate assets push the total above the cap, a personal representative must be appointed; the affiant must turn over assets and account.
  • Some holders may refuse to honor the affidavit and demand “letters”; it can be more practical to open a full estate rather than sue to compel compliance.
  • Joint accounts without a survivorship designation may be partially probate assets; confirm titling before deciding what to list.

Conclusion

List only probate personal property the decedent owned alone; exclude survivorship and beneficiary‑designated assets. Describe all real estate, but its value does not affect the small‑estate cap ($20,000, or $30,000 if the surviving spouse is the sole heir/devisee). File AOC‑E‑203B with the Clerk of Superior Court at least 30 days after death, then collect, pay allowed items, distribute, and file the final affidavit within about 90 days.

Talk to a Probate Attorney

If you’re deciding what to include on a North Carolina small estate affidavit, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.