Probate Q&A Series

What is the process for administering a simple probate estate when the decedent did not leave a will?

1. Detailed Answer

When someone dies without a will in North Carolina, their estate is “intestate.” The law in Chapter 28A of the North Carolina General Statutes sets out how to handle these cases. If the decedent’s personal property (after liens) totals $20,000 or less and no real estate exists, you can use the small intestate estate summary procedure (N.C. Gen. Stat. § 28A-18-2). Otherwise, you must open formal administration.

Summary Procedure (N.C. Gen. Stat. § 28A-18-2):

  • The heir or a creditor files an affidavit in the clerk’s office.
  • They state the total value of personal property does not exceed $20,000 and list any liens.
  • The clerk issues payment orders. The property passes directly to the heirs.

Formal Administration:

1. File a petition: Under N.C. Gen. Stat. § 28A-6-1, an interested party asks the clerk of superior court to appoint a personal representative (previously called an administrator).

2. Appointment and bond: The clerk reviews heirs and issues letters of administration. The representative may need to post a bond.

3. Notice to heirs and creditors: State law requires notifying all heirs and publishing a notice to creditors. Creditors have three months to file claims.

4. Inventory and appraisal: The representative gathers assets, inventories them, and obtains appraisals as needed. They file this report with the clerk.

5. Pay debts and expenses: The representative uses estate funds to settle valid debts, funeral costs, taxes, and administrative fees in the order set by N.C. Gen. Stat. § 28A-13.

6. Distribute remaining assets: After debts, the representative distributes the estate per North Carolina’s intestacy rules in N.C. Gen. Stat. § 29-14. Generally, spouses and children share assets, with specific shares defined by statute.

7. Close the estate: The representative files a final accounting. The clerk reviews and issues an order discharging the representative.

2. Key Steps at a Glance

  • Determine if the estate qualifies for the summary affidavit procedure (≤ $20,000 personal property, no real estate).
  • File a petition for letters of administration if summary procedure does not apply.
  • Serve notice on heirs and publish notice to creditors.
  • Inventory and appraise assets, then pay valid debts and taxes.
  • Distribute remaining property under intestacy statutes.
  • File a final accounting to close the estate.

Administering an intestate estate in North Carolina follows clear steps under Chapters 28A and 29 of the General Statutes. Whether you use the streamlined summary procedure or formal administration, following these rules ensures a smooth transfer of assets.

Ready to get started? Pierce Law Group has experienced probate attorneys who guide you through each stage of estate administration. Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055.