What information and forms are required to file a family history affidavit in probate? – North Carolina

Short Answer

In North Carolina, there is no single statewide form titled “Family History Affidavit,” but clerks commonly require a notarized, sworn statement that identifies the decedent’s heirs and family relationships. Expect to provide the decedent’s identifying details, marital history, children (including minors), and current addresses for all heirs or devisees. If the affidavit is used with an Affidavit for Collection of Personal Property, additional statutory statements and a 30-day waiting period apply.

Understanding the Problem

In North Carolina probate, you may need to file a sworn family history statement to help the Clerk of Superior Court verify who must receive notice and who inherits. The key question is: what information and forms must you provide to file this affidavit with the clerk? Here, your attorney needs an affidavit that includes parental marriage and divorce details and contact information for family members.

Apply the Law

North Carolina probate requires enough sworn information for the clerk to identify all persons entitled to notice or inheritance. Applications to probate a will and affidavits used to collect assets by affidavit both require names and addresses of those entitled to the decedent’s property, disclosure of minors, and basic facts about the decedent (identity, domicile, and date of death). If you use an Affidavit for Collection of Personal Property instead of full administration, you must wait 30 days after death and include specific statements about the absence of a pending or granted personal representative and the value threshold.

Key Requirements

• Affiant identity and relationship: Your full name, address, and how you are connected to the decedent (e.g., heir, devisee, nominated executor).
• Decedent’s details: Full name, last residence (county and state), and date and place of death; attach a certified death certificate if available.
• Marital history: Spouse’s name (if any), dates of marriage, and, if applicable, divorce details; identify predeceased spouses.
• Children and family: List all children (including adopted and predeceased), note any minors, and provide each person’s current mailing address; if no descendants, list parents and then siblings.
• Heirs/devisees for notice: Identify everyone entitled under the will or intestacy, including whether anyone is a minor and the minor’s guardian, if known.
• If collecting by affidavit: Include required statements (no pending/granted personal representative, 30-day wait, and asset value thresholds) and a description of any real property.
• Execution: Sign before a notary; file the original with the clerk in the proper county.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2A-5 (Application for probate) – Requires sworn information on those entitled to property and disclosure of minors.
• North Carolina Gen. Stat. § 28A-25-1 (Collection by affidavit — intestate) – Sets the 30-day wait and required content for collecting personal property without full administration.
• North Carolina Gen. Stat. § 28A-25-1.1 (Collection by affidavit — testate) – Mirrors the collection-by-affidavit requirements when a valid will exists.

Analysis

Apply the Rule to the Facts: Because the attorney needs a family history affidavit that includes parental marriage/divorce information and contact details, you should prepare a notarized statement listing the decedent’s spouse(s), marriage dates, any divorces, all children (including the minor half-sibling), and everyone’s current mailing addresses. Life insurance proceeds generally pass outside probate to the named beneficiary, so this affidavit will support the probate file but does not replace the insurer’s claim process. Note the minor sibling so the clerk understands a separate minors-transfer petition may be needed.

Process & Timing

1. Who files: The petitioner, personal representative, or other interested heir/devisee. Where: Clerk of Superior Court, Estates Division, in the county where the decedent was domiciled. What: A notarized family history affidavit (use any local questionnaire if the clerk provides one). If also using collection by affidavit, include the AOC form titled “Affidavit for Collection of Personal Property of Decedent.” When: File at opening or soon after; if collecting by affidavit, wait 30 days after death.
2. Clerk review: The clerk checks completeness (names, addresses, minors). If anything is missing or inconsistent with the will/application, the clerk may ask for clarification or a corrected filing. Timeframes vary by county.
3. Outcome: The affidavit is placed in the estate file to guide notice and distributions. If you also file an Affidavit for Collection, the clerk receipts fees, accepts the filing, and you may request certified copies for use with financial institutions.

Exceptions & Pitfalls

• Unknown or estranged family: If an address is unknown, state that you made a diligent inquiry and describe the effort; update the clerk if you later find an address.
• Minor heirs: Clearly mark any minor; list the parent/guardian if known. Appointment of a custodian or trustee for a minor’s share is a separate filing and not accomplished by the family history affidavit.
• Using collection by affidavit: Do not file before the 30-day mark or while a personal representative appointment is pending or granted. Include all required statements and asset information.
• Inventory mismatches: If your inventory omits an heir or is inconsistent with the affidavit or application, file an amended inventory promptly so the annual accounting stays accurate.
• Contested matters: If your affidavit is used in a contested estate proceeding, additional declarations (such as a servicemember status declaration for non-appearing respondents) may be required.

Talk to a Probate Attorney

If you’re dealing with a probate file that needs a sworn family history statement and related filings, 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.