Short Answer

Use AOC-E-202, Application for Letters of Administration, to start an intestate (no-will) estate in North Carolina. File it with the Clerk of Superior Court (Estates Division) in the county where your parent was domiciled at death. Bring renunciations from equal-priority heirs, your oath, and either a bond (AOC-E-401) or a signed bond waiver (AOC-E-404) if eligible. After you qualify, publish notice to creditors and file the Inventory within three months.

Understanding the Problem

You want to know the correct North Carolina form and filing location to be appointed as the estate’s administrator. The specific situation: your parent died without a will in North Carolina, and your siblings agree to let you serve. You need the right application and a clear roadmap for filing, notice to creditors, inventory, accounting, and whether a bond can be waived.

Apply the Law

In North Carolina, a child of a person who dies without a will can apply to be the administrator by filing an application for letters of administration with the Clerk of Superior Court in the proper county. Venue is the county of the decedent’s domicile at death. After you qualify (take the oath and meet bond requirements or a valid waiver), you must publish and mail notice to creditors, then file a verified inventory within three months. Annual accountings are required until a final account closes the estate.

Key Requirements

• Use the correct form: For intestate estates, file AOC-E-202 (not the dual-purpose testate form).
• File in the right county: Clerk of Superior Court where the decedent was domiciled at death.
• Priority and renunciations: If multiple heirs share equal priority, obtain signed renunciations (AOC-E-200) from the others.
• Oath and bond: Take the oath (AOC-E-400) and either post bond (AOC-E-401) or qualify for a waiver (AOC-E-404) if all conditions are met.
• Creditor notice: Publish once a week for four weeks and mail to known creditors; then file the affidavit of notice (AOC-E-307).
• Inventory and accounting: File the Inventory (AOC-E-505) within three months; then file annual and final accounts.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-6-1 (Application for letters) – sets the form and contents of the application and proof of death.
• North Carolina Gen. Stat. § 28A-3-1 (Venue) – directs filing in the county of the decedent’s domicile at death.
• North Carolina Gen. Stat. § 28A-8-1 (Bond; exceptions) – requires bond unless a statutory exception or waiver applies.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – governs publication and mailed notice and the claim period.

Analysis

Apply the Rule to the Facts: Because your parent died without a will, you should file AOC-E-202 with the Clerk of Superior Court in the North Carolina county where your parent lived at death. Since your siblings agree you should serve, have them sign AOC-E-200 renunciations to establish your priority. If you are a North Carolina resident and all heirs are adults, they can also sign AOC-E-404 to waive bond; otherwise, expect to post a bond on AOC-E-401. After you qualify, publish and mail creditor notices, file the Inventory (AOC-E-505) within three months, and then file annual and final accountings.

Process & Timing

1. Who files: An eligible heir who will serve as administrator. Where: Clerk of Superior Court, Estates Division, in the decedent’s county of domicile (North Carolina). What: AOC-E-202 (Application); bring a death certificate or other proof of death, renunciations AOC-E-200 (from equal-priority heirs), oath AOC-E-400, bond AOC-E-401 or waiver AOC-E-404, and pay fees (see G.S. 7A-307). When: As soon as practicable after death.
2. After appointment, the clerk issues Letters of Administration (AOC-E-403). Publish notice to creditors once a week for four weeks, mail notice to known creditors, and then file the Affidavit of Notice to Creditors (AOC-E-307). Typical publication starts shortly after qualification; county practice may vary.
3. Within three months of qualification, file the Inventory (AOC-E-505). Open and use an estate account, pay valid claims in order of priority, and keep records. File an annual account each year and a final account to close the estate when all debts are paid and assets distributed.

Exceptions & Pitfalls

• Using the wrong form: For intestate estates, use AOC-E-202 (not the “probate and letters” testate form).
• Renunciations: If multiple heirs share equal priority, the clerk typically requires AOC-E-200 renunciations before issuing letters to one heir.
• Bond waivers: Heirs can generally waive bond only for a North Carolina–resident administrator; nonresident administrators often must post bond despite waivers.
• Notice traps: Publish all four weeks and mail notice to known creditors; then file AOC-E-307. Missing any step can extend the claim period.
• Inventory deadline: Missing the three-month inventory deadline can trigger compliance notices or hearings.
• Nonresident issues: If you live outside North Carolina, appoint a resident process agent (AOC-E-500) before letters will issue.

Talk to a Probate Attorney

If you’re handling an intestate estate and need help with the application, bond, creditor notice, or inventory deadlines, our firm can guide you through each step and local practice. Call us today to discuss your options and timelines.

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.