Detailed Answer
Overview
Any “interested party” — a spouse, adult child, creditor, or other person who has a financial stake — may petition the Clerk of Superior Court in the North Carolina county where the decedent last resided to open probate. The process is governed by N.C. Gen. Stat. § 28A-2A-1 and the broader provisions of Chapter 28A.
Step 1: Confirm Probate Is Necessary
- Small-estate shortcut. If the personal property is worth no more than $20,000 ($30,000 when the sole heir is a surviving spouse), you may file an Affidavit for Collection of Personal Property under § 28A-25-1 instead of full probate.
- No probate assets. Assets with named beneficiaries (e.g., life insurance, TOD accounts) or titled jointly with right of survivorship pass outside probate.
Step 2: Gather Basic Information
You will need:
- Original death certificate.
- Any original will and codicils.
- Names and addresses of heirs and devisees.
- Preliminary list of assets and debts.
Step 3: File the Initial Paperwork
- Visit or mail documents to the Estates Division of the Clerk’s office.
Typical forms include:- Application for Letters Testamentary/Administration (AOC-E-201).
- Oath/Affirmation (AOC-E-400).
- Preliminary Inventory (AOC-E-506).
- Pay the $120 filing fee (per § 7A-307). Additional fees apply when filing the final accounting.
- If there is a will, ask the Clerk to probate it under § 31-11.6.
Step 4: Qualify as Personal Representative
The Clerk issues either:
- Letters Testamentary (if the will nominates you), or
- Letters of Administration (if there is no will or the named executor cannot serve).
You must take an oath and may have to post a bond under § 28A-8-1 unless the will waives it or all heirs sign consents.
Step 5: Administer the Estate
- Notice to Creditors. Publish once a week for four consecutive weeks (§ 28A-14-1) and mail to known creditors. Creditors have 90 days to file claims.
- Inventory. File a verified inventory of assets within 90 days of qualification (§ 28A-20-1).
- Pay debts & expenses. Follow the statutory priority list under § 28A-19-6.
- Distribute remaining assets to heirs or devisees.
- Final accounting. File a sworn accounting and request discharge.
What if Multiple People Want to Serve?
The Clerk follows the priority chart in § 28A-4-1. When two candidates share the same rank, the Clerk may choose, appoint co-administrators, or hold a hearing.
Helpful Hints
- Ask about waivers. Heirs can sign a Waiver of Notice of Service to speed up the process.
- Keep receipts. Save every bank statement, invoice, and check; you will need them for the final accounting.
- Use the estate EIN. Open a separate bank account to avoid mixing funds.
- Calendar deadlines. Missing the 90-day inventory deadline or annual accounting can lead to Clerk sanctions.
- Consider professional help. Complex estates with real property, business interests, or tax issues often require legal guidance.
Ready to open probate? Our North Carolina probate attorneys have years of experience guiding families through every step. Call us today at (919) 341-7055 for a confidential consultation.
