Probate Q&A Series

How to Open an Intestate Estate and Become the Administrator in North Carolina

Detailed Answer

When someone dies without a valid will in North Carolina, the estate is considered “intestate.” Under North Carolina law, you must petition the clerk of superior court to open the estate and ask to be appointed as the personal representative (often called the administrator). The key steps include:

  1. Confirm Intestacy: Obtain a certified copy of the death certificate. Verify that no valid will exists by checking with the decedent’s attorney or the local clerk’s office.
  2. Identify Heirs: North Carolina law prioritizes spouses, children, parents, and other relatives in a defined order. See N.C. Gen. Stat. § 29-14 for the order of intestate succession.
  3. Prepare the Petition for Administration: Complete the estate administration forms available at the clerk’s office. Include the decedent’s name, date of death, estimated value of the estate, and names and addresses of heirs.
  4. File the Petition: File the petition with the clerk of superior court in the county where the decedent resided. Pay the required filing fee.
  5. Provide Notice: After filing, you must give notice to all heirs and any creditors as outlined in N.C. Gen. Stat. § 28A-6-2. This often involves sending certified mail and publishing notice in a local newspaper.
  6. Post Bond and Take Oath: The clerk will set a bond amount to protect the estate from mismanagement. You must post the bond and take an oath of office before receiving the letters of administration pursuant to N.C. Gen. Stat. § 28A-6-4.
  7. Receive Letters of Administration: Once the bond and oath are in place, the clerk issues letters of administration. These letters grant you authority to collect assets, pay debts, and distribute property according to North Carolina’s intestacy statutes.

Key Considerations

  • Gather all financial records, account statements, deeds, and insurance policies before filing.
  • Notify Social Security, the IRS, and other agencies of the decedent’s death.
  • Prepare an inventory of assets within 90 days of appointment as required by N.C. Gen. Stat. § 28A-13-3.
  • Keep detailed records of all estate transactions, including receipts, distributions, and legal fees.
  • Understand potential tax filings, such as federal estate tax returns and fiduciary income tax returns.

Appointing an administrator is a responsibility. Properly following North Carolina statutes protects you and ensures a smooth distribution of the estate.

Call to Action

If you need help opening an intestate estate or navigating the administration process, contact Pierce Law Group. Our attorneys have extensive experience in estate administration and can guide you through each step. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation today.