Small Estate Affidavit in North Carolina: Required Documents

Detailed Answer

North Carolina allows heirs to collect personal property without opening formal probate when the decedent’s personal assets are modest. The shortcut is called an Affidavit for Collection of Personal Property of Decedent (often shortened to a “small-estate affidavit”). The governing statute is N.C. Gen. Stat. § 28A-25-1 to § 28A-25-3. Below is the paperwork you should expect to gather before the clerk of superior court will stamp the affidavit.

1. Certified Death Certificate

• Obtain from the county Register of Deeds in the county where death occurred.
• The clerk keeps a copy; bring at least two certified originals so you can also satisfy banks or the N.C. Division of Motor Vehicles (DMV).

2. Completed Small-Estate Affidavit (AOC-E-203B)

• Download from the NC Administrative Office of the Courts.
• List all personal property—bank accounts, vehicles, refund checks, insurance payable to the estate, etc.
• Affiant must wait 30 days after death unless the only asset is a motor vehicle (G.S. 28A-25-1).

3. Itemized Asset Backup

The clerk rarely accepts blind estimates. Attach:

• Recent bank or credit-union statements showing balance on date of death
• Vehicle titles or registration cards (to prove ownership and fair market value)
• Uncashed checks or notices of refunds due
• Stock or bond certificates

4. Original Will (If One Exists)

• Even though the procedure avoids full probate, the will must still be filed (G.S. 31-11).
• Attach a certified copy to the affidavit if beneficiaries differ from the default heirs.

5. Heirship Statement or Family Tree

• North Carolina clerks verify that the affiant is the proper person to collect assets (G.S. 28A-25-1(b)).
• Provide names, addresses, and relationships of all heirs at law.

6. Affiant’s Government-Issued Photo ID

• Driver license or passport proves identity when you sign in front of the clerk or a notary.

7. Filing Fee

• Currently $120 in most counties (check your local clerk). Payable by cash, certified check, or money order.

8. Bond (Rarely Required)

• The clerk can demand a surety bond if heirs dispute the affidavit or the affiant resides out of state (G.S. 28A-25-3).

Helpful Hints

• Know the cap. Estates qualify if the net value of personal property is $20,000 or less—or $30,000 if the sole heir is the surviving spouse.
• Real estate excluded. Land cannot be transferred with this affidavit; only personal property qualifies.
• One-year creditor window still applies. Creditors may file claims against the property you collect, so keep funds available or publish notice if needed.
• Out-of-state property? You may need a sister-state affidavit to retrieve assets located elsewhere.
• Keep receipts. Maintain a ledger showing how you distributed money to heirs; the clerk may request an accounting.

Need help? Collecting a small estate seems simple, but missing one document can delay access to funds. Our North Carolina probate team handles affidavits statewide and can prepare the packet for you—often within 48 hours.

Call to Action: If you are unsure which papers you need or want the process handled from start to finish, contact our firm today. Speak directly with an experienced North Carolina probate attorney by calling (919) 341-7055.