Short Answer

In North Carolina, you open an intestate estate (no will) through the Clerk of Superior Court in the county where your child lived. If the net personal property is $20,000 or less and no personal representative has been appointed, an eligible person may use a small estate affidavit after 30 days to collect bank funds. Otherwise, apply for Letters of Administration. A nonresident applicant must appoint a North Carolina process agent and will usually have to post a bond, especially when a minor child is an heir.

Understanding the Problem

You want to start probate in North Carolina for your adult child who died without a will. Your goal is to handle modest bank-account assets, and there is a minor child who inherits under intestacy. You live out of state and hope to manage this with minimal travel. The decision is whether the estate qualifies for a small-estate affidavit or if you must open a full administration with the Clerk of Superior Court.

Apply the Law

Under North Carolina law, estates without a will are administered through the Clerk of Superior Court. If no personal representative has been appointed and the decedent’s net personal property is within the small-estate limit, eligible persons can collect assets by affidavit after 30 days. If the estate does not qualify, you apply for Letters of Administration. Nonresident applicants must designate a North Carolina resident process agent and, where a minor heir exists, bond is ordinarily required. Venue is the county where the decedent was domiciled.

Key Requirements

• Small-estate eligibility: Net personal property must not exceed $20,000 (no surviving-spouse enhancement here); wait at least 30 days; and no pending or granted appointment of a personal representative.
• Who may file the affidavit: An heir, a creditor, or a public administrator may serve as the affiant; if you are not an heir, you must qualify as a creditor or pursue full administration.
• Letters of Administration: File with the Clerk using court forms; the Clerk issues Letters authorizing you to act for the estate when small-estate procedures are unavailable or unsuitable.
• Nonresident administrator: Must appoint a North Carolina resident process agent for service of legal papers; many steps, including the oath, can be completed before a notary without appearing in person.
• Bond and minor heirs: When an heir is a minor, bond is generally required and cannot be waived by a minor; bond is also typically required for nonresident administrators.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-25-1 (Collection by affidavit, intestate) – Allows collection of personal property by affidavit if within statutory limits and 30 days have passed.
• North Carolina Gen. Stat. § 28A-6-1 (Application for letters) – Sets application requirements for appointment of a personal representative.
• North Carolina Gen. Stat. § 28A-8-1 (Bond required) – Requires bond for personal representatives unless a statutory exception applies.
• North Carolina Gen. Stat. § 28A-3-1 (Venue) – Probate and administration occur in the decedent’s county of domicile.

Analysis

Apply the Rule to the Facts: With only modest bank accounts and no real property, the estate may qualify for the small-estate affidavit if the net personal property is $20,000 or less and no Letters have been issued. However, because you are not an heir, you can only use the affidavit if you qualify as a creditor (for example, if you paid a funeral bill). Otherwise, seek Letters of Administration. As a nonresident and with a minor heir, expect to appoint a resident process agent and post bond; distributions will be made for the benefit of the minor (e.g., through a guardian or deposit with the Clerk).

Process & Timing

1. Who files: If using a small-estate affidavit, an heir or creditor. If opening a full estate, the proposed administrator (you). Where: Clerk of Superior Court (Estates) in the North Carolina county of your child’s domicile. What: Small estate: AOC-E-203B (Affidavit for Collection of Personal Property). Full estate: AOC-E-202 (Application for Letters of Administration), AOC-E-500 (Resident Process Agent), AOC-E-401 (Bond), and AOC-E-400 (Oath). When: Small estate can be filed after 30 days from death; full administration can be filed promptly when needed.
2. After filing: Small estate—present certified copies of the affidavit to the bank to collect funds; keep records and pay valid claims. Full estate—upon approval, the Clerk issues AOC-E-403 (Letters of Administration); publish Notice to Creditors, open an estate account, and file an inventory by the Clerk’s deadline (often around three months).
3. Wrap up: Small estate—after paying claims, distribute the balance to the heir’s representative (guardian/UTMA or deposit with the Clerk). Full estate—after the creditor period closes and claims are resolved, make distributions for the minor’s benefit and file a final account for approval.

Exceptions & Pitfalls

• Affidavit misuse: Do not use a small-estate affidavit if net personal property exceeds $20,000 or if formal administration is needed (for example, to bring a wrongful-death action).
• Affiant eligibility: A parent who is not an heir cannot be the affiant unless also a creditor; otherwise pursue Letters of Administration.
• Nonresident requirements: Appoint a North Carolina resident process agent; failing to do so delays issuance of Letters.
• Bond issues: With a minor heir and a nonresident administrator, plan on posting bond; heirs who are minors cannot waive bond.
• Minor’s share: Funds for a minor heir cannot be paid directly to the minor; expect payment to a court-approved guardian, UTMA custodian, or deposit with the Clerk.

Talk to a Probate Attorney

If you’re handling an intestate North Carolina estate with modest bank assets and a minor heir, our firm can help you weigh the small‑estate affidavit versus full administration and manage the process remotely where possible. Call us today.

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.