Probate Q&A Series

What steps are needed to use a small estate affidavit to collect my mom’s bank account and pension check? – North Carolina

Short Answer

In North Carolina, you can use a “collection by affidavit” small‑estate process to gather a decedent’s personal property (like a bank account or a pension check payable to the estate) if the total personal property is $20,000 or less ($30,000 if a surviving spouse is the sole heir). After at least 30 days from death, an eligible heir files AOC‑E‑203B with the Clerk of Superior Court in the decedent’s home county, then uses certified copies to collect the assets. You must pay allowed claims and file a final affidavit (AOC‑E‑204) within 90 days unless extended. Real estate is listed but cannot be sold using this process.

Understanding the Problem

You want to know whether you, as a child of the decedent, can use North Carolina’s small‑estate affidavit to collect your mother’s bank account and a pension check without opening full probate. You and a sibling are the heirs, no estate has been opened, and your parents also owned a home. Can you file an affidavit, collect the limited assets, and wrap things up quickly?

Apply the Law

North Carolina allows an abbreviated process called “collection by affidavit” to collect and distribute a decedent’s personal property when the estate’s personal property (after liens) does not exceed the statutory cap and no personal representative has been appointed. You must wait at least 30 days after death and file the required affidavit in the decedent’s county of domicile. If the decedent had a will, it must be admitted to probate before using the testate version of the affidavit. Banks and holders of property must honor a certified copy of the filed affidavit. The affiant must distribute funds in a set order and then file a final affidavit, typically within 90 days.

Key Requirements

  • Eligibility threshold: Personal property, less liens and encumbrances, is $20,000 or less (or up to $30,000 only if the surviving spouse is the sole heir). Real estate value does not count toward the threshold.
  • 30‑day wait and no PR: At least 30 days have passed since death and no personal representative (PR) proceeding is pending or granted anywhere.
  • Who may file: An heir, devisee, person named as executor in a will, certain creditors, or the public administrator, so long as the affiant is not disqualified.
  • File in the right county with required contents: File AOC‑E‑203B with the Clerk of Superior Court where the decedent lived, including decedent and heir/beneficiary information, the personal property value statement, and a description sufficient to identify any real property owned at death. Pay the filing fee.
  • Use certified copies to collect: Present a certified copy of the filed affidavit to the bank or pension payer to receive funds; they must comply. The affidavit does not authorize selling real estate.
  • Distribute and close: Pay any year’s allowances (if applicable), then valid debts by statutory priority, then distribute any remainder. File the final affidavit (AOC‑E‑204) within 90 days of the qualifying filing unless extended (up to one year).
  • If there is a will: The will must be admitted to probate first; attach a certified copy to the affidavit and record it in any county where real property is located.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Your mother’s bank account and a pension check payable to her estate are personal property that can be collected if the total personal property is $20,000 or less (there is no surviving spouse). Owning a home does not disqualify the affidavit, but you must list the real property in the affidavit and you cannot sell it using this process. Because no probate is open, and assuming 30 days have passed, you (as an heir) can file and then present certified copies to the bank and pension payer to collect the funds, pay valid claims, and file the final affidavit.

Process & Timing

  1. Who files: An heir. Where: Clerk of Superior Court in the North Carolina county where your mother was domiciled. What: AOC‑E‑203B (Affidavit for Collection of Personal Property); attach death certificate and, if there is a will, follow the testate requirements. When: File at least 30 days after death.
  2. After filing, obtain enough certified copies from the Clerk. Present a certified copy to the bank and to the pension payer to collect the funds. If a holder refuses, you can seek an order compelling compliance or consider opening a formal estate if that is more practical.
  3. Pay any year’s allowances (if applicable), then valid debts by statutory priority, then distribute the remainder to heirs. File AOC‑E‑204 (Final Affidavit) within 90 days of your qualifying affidavit or request an extension (up to one year) from the Clerk.

Exceptions & Pitfalls

  • Value cap: If new assets push personal property over $20,000, you must stop and have a personal representative appointed; then account and deliver assets to the PR.
  • Beneficiary designations: A pension or account payable to a named beneficiary is not part of the estate and cannot be collected by affidavit. If it is payable to the estate, it can.
  • Joint or POD accounts: Accounts with survivorship or pay‑on‑death designations usually pass outside the estate and are not collected with the affidavit.
  • Creditors: No published creditor notice is required in this process, so claims are not cut off; consider a limited PR to publish notice if creditor risk is a concern.
  • Real estate: You cannot sell real property with the affidavit; if a sale is needed to pay debts, open a formal estate.
  • Bank refuses to honor: You may bring an action to compel compliance, but sometimes opening a formal estate is faster or more economical.
  • Alternative for small checks: If the only asset is one payment of $5,000 or less owed to the decedent, the payer may be able to pay the Clerk directly as an alternative process.

Conclusion

In North Carolina, you may use a small‑estate affidavit to collect your mother’s bank account and a pension check payable to her estate if the estate’s personal property is $20,000 or less, no personal representative has been appointed, and at least 30 days have passed. File AOC‑E‑203B with the Clerk of Superior Court in her home county, use certified copies to collect the funds, pay allowed claims, and file AOC‑E‑204 within 90 days (or request an extension).

Talk to a Probate Attorney

If you’re dealing with collecting a small bank account and a pension payment without opening full probate, 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.