North Carolina’s Small Estate Affidavit: A Fast Track for Distributing Assets
What is the “Collection by Affidavit” and Why Use It?
The North Carolina small-estate procedure—formally called an Affidavit for Collection of Personal Property of Decedent—lets heirs receive assets without opening full probate. The process is governed by N.C. Gen. Stat. § 28A-25-1 through § 28A-25-6. It is designed for:
- Personal property only (bank accounts, vehicles, refund checks, household items).
- Estates worth ≤ $20,000 (or ≤ $30,000 if the surviving spouse is the sole heir).
- Situations where no personal representative has been appointed—or one was appointed and then resigned.
Step-by-Step Guide
- Confirm Eligibility
• Add all personal property titled solely to the decedent.
• Exclude jointly owned assets with right of survivorship—they pass automatically.
• If the total is under the statutory cap and at least 30 days have passed since death, you qualify. - Identify the Affiant
The “affiant” is usually the next of kin or will beneficiary who will collect, pay claims, and distribute assets. - Complete Form AOC-E-203B
This is the statewide form available from the Clerk of Superior Court. List:
• Decedent’s information.
• Heirs/beneficiaries and their shares.
• A detailed asset list and reasonable estimate of each item’s value.
• Known debts and funeral expenses. - File the Affidavit
• Wait the required 30 days.
• File in the county where the decedent lived.
• Pay the current filing fee (usually about $120 but confirm locally).
• Obtain several certified copies—banks and the DMV will demand certified originals. - Collect the Assets
Present a certified copy to each asset holder. Under § 28A-25-2, the holder must release the property to the affiant and is fully discharged from liability. - Pay Valid Debts
§ 28A-25-4 requires the affiant to pay funeral expenses first, then taxes and other claims before distributing to heirs. Keep receipts. - Distribute the Remaining Property
Follow the will if there is one. If not, use North Carolina intestacy rules (Chapter 29, Article 2). Obtain signed receipts from each heir. - File a Closing Statement (Optional but Smart)
While not mandatory, the affiant may file a statement or copies of the receipts with the Clerk to document that duties were fulfilled.
Hypothetical Example
Mary passed away in Wake County owning a $7,500 checking account, a car worth $5,000, and $2,000 in furniture—total: $14,500. She left no will. Her only heirs are two adult children, Liam and Ava.
- On day 31 after death, Liam completes Form AOC-E-203B and files it.
- With certified copies, he closes the bank account and retitles the car at the DMV.
- He pays Mary’s $1,200 funeral bill and a $300 final utility bill.
- Liam splits the $13,000 net estate with Ava. Both sign a receipt acknowledging payment.
Helpful Hints for a Smooth Small-Estate Process
- Start gathering asset statements right away; financial institutions may purge records after several months.
- If a vehicle is involved, the DMV accepts only original certified affidavits.
- Keep a spreadsheet of every debt paid; you are personally liable if creditors are shorted.
- Real estate cannot be transferred with this affidavit—consult counsel about a separate probate or deed.
- Be honest on values. Inflating numbers over the cap can invalidate the procedure.
- Need access to a safe-deposit box? Ask the Clerk for a court order to inventory its contents first.
Ready to Get Started?
Using North Carolina’s small-estate affidavit can save time and money, but mistakes expose the affiant to personal liability. Our probate team has years of experience guiding families through this exact process. Call us today at (919) 341-7055 for a free, no-obligation consultation.
