How do I apply for letters of administration and what AOC forms are required in North Carolina?
Detailed Answer
When a person dies without a valid will, North Carolina calls the estate intestate. Someone—usually a spouse, adult child, or other close heir—must apply for Letters of Administration so the estate can be opened, debts paid, and property distributed. The Clerk of Superior Court in the county where the decedent lived issues these letters after reviewing the required paperwork.
1. Confirm you are eligible
North Carolina law sets a priority list for who may serve. The order appears in N.C. Gen. Stat. § 28A-4-1 and typically runs: (1) surviving spouse, (2) next of kin, (3) anyone the heirs agree upon, and (4) a creditor. If someone with higher priority is available and willing, the clerk will usually appoint that person.
2. Gather the following before you visit the clerk
- Original death certificate
- Names, addresses, and relationships of all heirs
- Preliminary list of the decedent’s assets and approximate values
- Cash or check for the $120 filing fee (plus $1–$5 per certified copy of the letters)
3. Complete the required AOC forms
The North Carolina Administrative Office of the Courts (AOC) publishes fill-in PDFs. Most clerks keep paper copies, but bringing completed forms speeds the process.
| Form # | Title | When Used |
|---|---|---|
| AOC-E-201 | Application for Letters of Administration | Main petition that opens an intestate estate |
| AOC-E-202 | Oath/Affirmation – Personal Representative | You swear to carry out your duties faithfully |
| AOC-E-500 | Bond of Personal Representative | Required only if the clerk orders a bond under § 28A-8-1 |
| AOC-E-503 | Letters of Administration | Prepared by the clerk; you receive certified copies after approval |
You may also receive a packet that includes future reporting forms such as Initial Inventory (AOC-E-505) and Annual/Final Account (AOC-E-506). Those are not required at the opening appointment but will be due later.
4. File, pay, and take your oath
Bring the completed forms, filing fee, and death certificate to the Estates Division of the Clerk’s office. After reviewing everything, the clerk will:
- Administer your oath (using AOC-E-202).
- Set the bond amount, if any, and accept the bond paperwork.
- Issue certified Letters of Administration (AOC-E-503).
Once the letters are in hand, you have legal authority under § 28A-13-3 to collect assets, open an estate checking account, publish notice to creditors, and perform other tasks required by law.
Helpful Hints
- Call the clerk’s estates division first. Some counties require appointments or have specific drop-off hours.
- Use the decedent’s full legal name exactly as it appears on the death certificate and asset titles.
- If multiple heirs have equal priority, bring each person—or obtain their Renunciation of Right to Qualify (often on the second page of AOC-E-201).
- Request at least five certified copies of the letters. Banks, insurers, and brokerage firms usually keep one.
- Keep a running ledger of every dollar that enters or leaves the estate. Clear records make the required inventory and accountings much easier.
Need guidance? Applying for letters is only the first step. Deadlines, creditor claims, tax filings, and family dynamics make estate administration complex. Our North Carolina probate team has handled these matters for years and can streamline the process. Call (919) 341-7055 today for a confidential consultation.
