Short Answer

Yes. North Carolina allows “collection by affidavit” for intestate estates when the decedent’s personal property, minus liens and encumbrances, is $20,000 or less (up to $30,000 if the surviving spouse is the affiant and sole heir). You must wait 30 days after death and file the AOC small-estate affidavit with the Clerk of Superior Court in the county of domicile. The affiant cannot sell real estate and must pay allowances and valid claims before distributing any remainder, then file a final affidavit within 90 days.

Understanding the Problem

You want to know if, in North Carolina, you can use a small estate affidavit instead of opening a full probate when someone dies without a will. The key decision is whether the intestate estate’s personal property meets North Carolina’s small-estate cap so an heir (or qualified creditor) can file the affidavit with the Clerk of Superior Court 30 days after death to collect and distribute personal property.

Apply the Law

North Carolina’s “collection by affidavit” is a streamlined alternative to qualifying a personal representative for small intestate estates. It applies only to personal property and has specific dollar caps, timing, and distribution duties. The proper forum is the Clerk of Superior Court in the county where the decedent was domiciled. A 30-day waiting period applies before filing, and the affiant must file a final affidavit within 90 days (extensions up to one year are possible).

Key Requirements

• Monetary cap: Personal property value, net of liens/encumbrances, is ≤ $20,000; ≤ $30,000 if the surviving spouse is the affiant and the sole heir. The spousal year’s allowance is deducted before testing the cap.
• Who may file: An heir (or a qualified creditor) who is not disqualified to serve as a personal representative. For intestacy, heirs commonly file.
• 30-day wait and no PR pending: At least 30 days must have passed since death, and no application or appointment of a personal representative can be pending or granted anywhere.
• Personal property only: The affidavit lets you collect and transfer personal property (e.g., bank accounts, vehicles, stocks). It does not authorize selling real estate.
• Required filing details: File in the decedent’s county of domicile using AOC-E-203B and include a description of any real property owned (for identification only).
• Distribution order and final affidavit: Pay year’s allowances first, then valid debts/claims in statutory order, and distribute any remainder to heirs; file a final affidavit within 90 days or request an extension.
• Creditor caution: No published notice to creditors is required in this process, so unknown creditors are not cut off; consider a limited PR solely to publish notice if needed.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-25-1 (Collection by affidavit—intestate) — Sets eligibility, timing, and who may file.
• North Carolina Gen. Stat. § 28A-25-3 (Distribution; final affidavit) — Requires payment of allowances and claims, plus filing a final affidavit within 90 days.
• North Carolina Gen. Stat. § 28A-25-5 (Effect of later appointment of a personal representative) — Affiant must stop collecting, deliver assets, and account if a personal representative is appointed.

Analysis

Apply the Rule to the Facts: If an intestate decedent leaves up to $20,000 in personal property net of liens, an heir can file the affidavit after 30 days and handle collection and distribution without full probate. If the surviving spouse is the sole heir and affiant, the cap increases to $30,000, and the spouse’s year’s allowance is deducted before measuring the cap. If later‑discovered assets push the estate over the cap or a sale of real estate is needed to pay debts, formal administration becomes necessary.

Process & Timing

1. Who files: An heir (or qualified creditor). Where: Clerk of Superior Court in the decedent’s North Carolina county of domicile. What: File AOC‑E‑203B (Affidavit for Collection of Personal Property of Decedent) with required information (including a description of real property) and pay the filing fee. Obtain certified copies. When: Any time ≥ 30 days after death, provided no personal representative is pending or appointed.
2. Collect and pay: Use certified copies to collect bank accounts, certificates, vehicles, and other personal property. Pay the year’s allowance(s) first, then valid debts/claims by statutory priority, then distribute any remainder to heirs. Keep detailed records. If you anticipate creditor risk, consider asking the court to appoint a limited personal representative to publish notice to creditors.
3. Close: File AOC‑E‑204 (Affidavit of Collection, Disbursement, and Distribution) within 90 days of the initial affidavit. If needed, ask the Clerk for an extension (up to one year from the initial filing). If a personal representative is appointed at any point, cease activity, deliver assets, and provide an accounting.

Exceptions & Pitfalls

• Over the cap later: Refunds or undisclosed assets can push the estate over the limit. You must convert to a formal estate and account for what you collected.
• No power to sell real estate: Affidavit authority doesn’t include selling land. If real property must be sold to pay debts, open a formal estate.
• Creditors not barred: Because publication is not required in the affidavit process, unknown creditors can still assert claims. Consider a limited personal representative solely to publish notice to creditors if you need the statutory bar.
• Disputes among heirs: If heirs disagree or you expect contested claims, full administration provides better structure and oversight.
• Holder won’t honor affidavit: Some institutions may insist on letters; you may need to compel compliance or choose formal administration if that’s more efficient.
• Valuation mistakes: The cap is based on personal property net of liens; real estate value doesn’t count for eligibility, but real and personal property remain available to pay estate debts under North Carolina law.

Talk to a Probate Attorney

If you’re handling an intestate estate and want to know whether the small estate affidavit fits your situation, our firm 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.