How to Open a Small Estate in North Carolina
1. Detailed Answer
If someone dies leaving a small estate in North Carolina, you may qualify for a simplified probate process. North Carolina law defines a small estate as one where the total value of personal property does not exceed $20,000 or when real property does not exceed $30,000 and costs no more than $20,000 to administer. You use an Affidavit for Collection of Personal Property or an Affidavit and Order for Disposition of Real Property under N.C. Gen. Stat. § 28A-19-1 through § 28A-19-7.
Who Qualifies?
To open a small estate, you must be:
- An heir named by law if there is no will
- An executor named in a valid will
- A creditor with proper standing to recover a debt
Key Statutes
N.C. Gen. Stat. § 28A-19-1: Affidavit to collect personal property (under $20,000)
ncleg.gov/GS_28A-19-1
N.C. Gen. Stat. § 28A-19-2: Affidavit to dispose of real property (under $30,000)
ncleg.gov/GS_28A-19-2
Procedure Overview
- Gather information about the decedent’s assets, debts, and heirs.
- Complete the Small Estate Affidavit form. The clerk of superior court provides the form.
- Attach a certified copy of the death certificate.
- File the affidavit and pay the required fee at the clerk’s office. Fees vary by county but generally range from $26 to $200.
- Wait the mandatory five-day notice period required by N.C. Gen. Stat. § 28A-19-4.
- After notice, collect and distribute assets to heirs or beneficiaries as the affidavit directs.
Costs and Timing
Typical costs include filing fees and certified copies of the death certificate. If no one objects, you can wrap up the process in about two weeks. Objections or missing information can extend the timeline.
2. Quick Reference List
- Estate Value Limits: $20,000 in personal property or $30,000 in real property.
- Required Documents: Death certificate, affidavit form, inventory of assets.
- Key Steps: Complete affidavit, file with clerk, post notice, distribute assets.
- Statute References: N.C.G.S. § 28A-19-1 and § 28A-19-2.
- Timeline: At least 5 days for notice; typically 2 weeks in total.
- Filing Fee: Varies by clerk’s office (approximately $26–$200).
- Who Can File: Heirs, personal representatives, or creditors.
