How does ancillary probate work in North Carolina and what fees and timelines apply?
1. Detailed Answer
Ancillary probate is a secondary probate proceeding in North Carolina when someone dies owning property here but leaves a will or estate administration pending in another state. North Carolina courts handle only the assets located within this state. The goal is to transfer titled real estate, bank accounts, and other North Carolina assets into the name of the out‐of‐state representative so they can complete the overall estate administration.
When Ancillary Probate Is Necessary
You file for ancillary probate if the decedent was domiciled elsewhere at death but owned real or personal property in North Carolina. Under North Carolina law, you must open ancillary administration if the value of those assets exceeds the limit for a small estate (see N.C. Gen. Stat. § 28A-15-1).
Where and How to File
You submit your ancillary petition in the North Carolina county where the property lies. You file a certified copy of the out‐of‐state letters and the will (if there is one). You also provide an affidavit listing all persons entitled to notice, along with a copy of the death certificate.
After filing, the clerk of superior court issues ancillary letters of administration or ancillary letters testamentary, depending on whether there’s a will. You may have to post a bond unless all heirs waive that requirement (N.C. Gen. Stat. § 28A-15-2).
Required Notices and Publication
You must mail notice to heirs, devisees, beneficiaries, and creditors. In most cases, the clerk will also require one-time publication in a local newspaper. The publication must run once, and you must file proof of publication before the hearing.
Distribution of Assets
Once the clerk issues ancillary letters, you use them to transfer or sell the North Carolina assets. You distribute proceeds according to the will or state law. If no will exists, distribution follows the intestacy rules at N.C. Gen. Stat. § 28A-15-3 (N.C. Gen. Stat. § 28A-15-3).
2. Key Steps, Fees, and Timelines
- Petition Filing: File ancillary probate petition with certified will (if any), out‐of‐state letters, and death certificate. Fee: one‐half the fee for original letters. Under the Uniform Schedule for Clerk’s Fees (N.C. Gen. Stat. § 7A-308), this typically runs about $112.50.
- Issuing Letters: Ancillary letters cost $3 per set.
- Bond: Bond may be required unless waived by heirs. Bond amount generally equals the value of local assets.
- Notice and Publication: Mail notices within 30 days of filing. Publish once; file proof before hearing. Publication costs vary by newspaper.
- Hearing: Usually scheduled 30–45 days after filing. If no objections, the clerk issues letters the same day.
- Asset Transfer: Once you hold valid ancillary letters, you record deeds, request bank releases, or sell property. Title transfers and sales often conclude within 2–4 weeks.
- Final Accounting and Closing: Not required if ancillary administrator needs only to pass title or funds to the out‐of‐state representative. If accounting is required, you file within 90 days of appointment.
Ancillary probate offers a clear, efficient way to wind up estate matters when a decedent dies owning property in more than one state. By focusing only on assets in North Carolina, you avoid duplicating the primary administration.
Contact Pierce Law Group
If you face ancillary probate in North Carolina, turn to Pierce Law Group. Our experienced probate attorneys guide you through every step—from filing the petition to distributing assets. Contact us today to protect your loved one’s legacy and save time and expense. Email us at intake@piercelaw.com or call (919) 341-7055.
