Short Answer

In North Carolina, most spouses start with the small estate “collection by affidavit” if the decedent’s net personal property is $20,000 or less and at least 30 days have passed since death. With a minor child, the spouse usually cannot use “summary administration” (that option is for spouses who are the sole heir or devisee). Jointly owned assets with survivorship and life insurance paid to a named beneficiary transfer outside probate. A final paycheck can be collected by affidavit or, if small enough, paid to the Clerk.

Understanding the Problem

You want to know how to begin a small estate process in North Carolina probate to move your late spouse’s remaining assets. Here, you have one minor child, a jointly owned home, a jointly titled vehicle, some debts, a life insurance claim already filed, and a final paycheck issued in the estate’s name. The goal is to identify which North Carolina small-estate option fits and what to file with the Clerk of Superior Court.

Apply the Law

North Carolina offers several streamlined paths that can avoid full probate when little or no probate property exists. Most surviving spouses who are not the sole heir use the “collection by affidavit” process after 30 days to gather modest personal property (like a final paycheck). Jointly owned real estate with survivorship (tenancy by the entirety) and most joint-titled vehicles pass to the survivor outside probate. Life insurance payable to a named beneficiary is also outside probate. If a will exists, it must be filed for probate before using the testate version of the affidavit. The main forum is the Clerk of Superior Court in the county where the decedent lived.

Key Requirements

• 30-day wait: You must wait at least 30 days after death before filing a small estate affidavit with the Clerk.
• Value cap: The net value of probate personal property must not exceed $20,000 (the $30,000 cap applies only if the surviving spouse is the sole heir or devisee).
• No PR appointed: No personal representative (executor/administrator) can be pending or appointed anywhere when you file the affidavit.
• Right forum and contents: File in the decedent’s county of domicile; the affidavit must list heirs/beneficiaries and identify any real estate owned at death (for notice purposes) even though real estate value does not count toward the cap.
• Summary administration limits: Available only if the surviving spouse is the sole heir/devisee; the spouse assumes liability for valid claims if using that route.
• Family allowances: A spouse may claim a $60,000 allowance and an eligible child may claim an allowance (which can help satisfy support needs and may reduce what needs formal collection), but timing and eligibility rules apply.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-25-1 (Collection by affidavit — intestate) – Allows collection of personal property by affidavit after 30 days if value limits are met and no PR is appointed.
• North Carolina Gen. Stat. § 28A-25-6 (Payment to the clerk) – Lets a debtor of the decedent pay the Clerk directly if the amount owed does not exceed $5,000.
• North Carolina Gen. Stat. § 28A-28-1 (Summary administration) – Permits a surviving spouse who is the sole heir/devisee to bypass full administration.
• North Carolina Gen. Stat. § 30-15 (Spousal year’s allowance) – Authorizes a spouse’s allowance for support, taken ahead of most claims.

Analysis

Apply the Rule to the Facts: Your jointly owned home (tenancy by the entirety) and a jointly titled vehicle with survivorship pass to you outside probate, so they do not count toward the small-estate cap. Life insurance payable to a named beneficiary is also outside probate. What may remain inside the estate is the final paycheck and any other property titled solely to your spouse; given the negative bank balances and a credit card, the estate appears small and possibly insolvent. Because you have a minor child, you are not the sole heir, so “summary administration” is likely unavailable; use “collection by affidavit” if the net probate personal property does not exceed $20,000.

Process & Timing

1. Who files: The surviving spouse (as an heir) may file. Where: Clerk of Superior Court in the North Carolina county where your spouse lived. What: File AOC-E-203B, Affidavit for Collection of Personal Property of Decedent (and, if there is a will, file it for probate first; AOC-E-199 may be used for probate without qualification). When: After at least 30 days have passed from the date of death; pay the filing fee set by statute.
2. Use certified copies of the filed affidavit to collect assets: present to the employer to release the final paycheck; present to any bank, credit union, or transfer agent holding solely titled property. If the paycheck amount owed is $5,000 or less, the employer may instead pay the Clerk under § 28A-25-6.
3. Disburse according to law: pay allowable costs, then apply any spousal/child allowances if applicable, and distribute remaining funds to heirs. Keep records. No formal inventory or accounting is required in this affidavit process, but you may be called to account if a full estate is later opened.

Exceptions & Pitfalls

• Summary administration not available if not sole heir/devisee: With a minor child, you generally cannot use summary administration; use collection by affidavit instead if the value limit fits.
• Value cap and counting assets: Real estate value does not count toward the $20,000 cap, and nonprobate assets (tenancy by the entirety real estate, survivorship vehicles, and life insurance to a named beneficiary) are excluded.
• Creditor traps: Collection by affidavit does not cut off creditors. To bar most unsecured claims, a personal representative must publish notice to creditors in a formal administration (or a limited PR may be appointed solely to give notice).
• Distributions to a minor: Any share for your minor child must be handled by an approved method (for example, to a parent/guardian under statute, to a UTMA custodian if authorized, or paid into the Clerk’s office), not directly to the child.
• Newly discovered assets: If assets later push the estate over the small-estate cap, the Clerk can require a personal representative to be appointed and the affiant must turn over assets and account.
• Vehicle title details: If the joint vehicle title shows survivorship, you can usually retitle with a death certificate through DMV. If not, different rules apply; ask before you file extra paperwork.

Start in the county Clerk of Superior Court with a collection-by-affidavit if at least 30 days have passed and the decedent’s net probate personal property is $20,000 or less (you are not the sole heir, so summary administration likely does not apply). Joint home and survivorship vehicle pass to you outside probate; life insurance to a named beneficiary stays outside probate. Your next step is to file AOC‑E‑203B with the Clerk to collect the final paycheck and any small assets.

Talk to a Probate Attorney

If you’re dealing with a North Carolina small estate, a final paycheck, and mostly nonprobate assets, our firm has experienced attorneys who can help you understand your options and timelines. 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.