What Documentation Is Required to Apply for Letters of Administration in North Carolina?

Detailed Answer

To open a full probate estate when the deceased left no valid will, the person with statutory priority must ask the Clerk of Superior Court for Letters of Administration. Under North Carolina law, the clerk will not issue those letters until the applicant files every form and supporting document listed below. The list assumes a standard estate that exceeds the $20,000 (or $30,000 for a surviving spouse) small-estate limit—smaller estates can often use the Collection by Affidavit shortcut instead of full probate.

1. Application for Letters of Administration (AOC-E-202)

• This five-page form requests the decedent’s information, identifies heirs, estimates asset values, and states the applicant’s priority under N.C. Gen. Stat. § 28A-4-1.
• Sign in front of a notary or the clerk.

2. Certified Death Certificate

• The clerk keeps the certified copy in the court file. Order at least 5–10 copies from the county Register of Deeds before visiting the courthouse.

3. Oath / Affirmation of Administrator (included in AOC-E-202)

• Swears that you will faithfully perform your duties, required by § 28A-6-1.

4. Administrator’s Bond (AOC-E-400 or commercial surety bond)

• Unless all heirs waive bond and the clerk agrees, § 28A-8-1 requires a bond equal to the personal property value plus anticipated income.
• Heirs can waive with AOC-E-404; if waived for real property only, a smaller bond may still be needed.

5. Renunciation of Right to Qualify (AOC-E-200) — If Applicable

• Anyone ahead of you in priority who wishes to step aside must sign this notarized form under § 28A-5-1.
• For example, if you are a child applying but a surviving spouse prefers you handle matters, the spouse files AOC-E-200.

6. Preliminary Inventory of the Decedent’s Property (AOC-E-505)

• Lists estimated values of bank accounts, vehicles, household goods, and other personal property to support the bond calculation.

7. Filing Fee

• As of 2024, North Carolina charges $120 to open an estate plus 4¢ per $100 of personal property value when the final account is filed (capped at $6,000). Bring cash, certified check, or money order.

8. Valid Photo Identification

• The clerk will verify your identity before administering the oath.

Optional but Helpful Items

• Original titles to vehicles you intend to retitle or sell.
• Bank statements or screenshots proving date-of-death balances.
• List of known creditors to speed up the later Notice to Creditors process (required within 60 days).

Helpful Hints

1. Order extra death certificates early. Financial institutions, the DMV, and insurance companies each demand their own certified copy.
2. Schedule a clerk appointment. Some counties, including Wake and Mecklenburg, now require online scheduling for probate filings.
3. Calculate the bond before you arrive. Bond companies need the exact dollar amount and may take a day or two to issue paperwork.
4. Secure renunciations in advance. Out-of-state relatives can mail notarized AOC-E-200 forms to you to avoid delays.
5. Bring multiple payment methods. The clerk accepts cash, certified checks, or money orders—personal checks are usually rejected.
6. Consider professional guidance. Mistakes at the application stage can trigger costly amendments or even personal liability later.

Bottom Line: Walking into the courthouse with every required form, a certified death certificate, properly executed renunciations, and the correct bond premium will streamline the clerk’s review and get you Letters of Administration in a single visit.

Ready to get started? Our North Carolina probate attorneys have helped hundreds of families open estates smoothly and on time. Call (919) 341-7055 today for a free consultation and let us guide you through every step.