What is the process for filing a Small Estate Affidavit in North Carolina for estates under $20,000?
Detailed Answer
When someone passes away in North Carolina with assets valued at $20,000 or less (excluding certain exempt property), family members can use a Small Estate Affidavit to transfer personal property without formal probate. The process is governed by North Carolina General Statutes § 28A-19-1 through § 28A-19-8. Here’s how you proceed:
- Determine Eligibility
Verify that the estate’s personal property (minus funeral expenses, reasonable medical bills and certain exempt items) totals $20,000 or less. You cannot include real estate unless it falls under specific exemptions. - Gather Required Information
You will need the decedent’s full name, date of death, last known address, the names and addresses of heirs entitled by law to inherit, a listing and valuation of estate assets, and information on any known creditors. - Prepare the Affidavit
Use the statutory form prescribed by G.S. 28A-19-2. The affidavit must include:- A statement that 45 days have passed since the decedent’s death (or 90 days if a surviving spouse applies).
- A listing of all estate assets and their fair market values.
- A declaration that the applicant(s) qualify as an heir or beneficiary under North Carolina law.
- A statement that no application for appointment of a personal representative is pending or has been granted.
- Sign and Notarize
The affidavit must be signed by each person claiming or entitled to property under the Small Estate Affidavit statute. Then have it notarized. - File or Present the Affidavit
You do not file the affidavit with the clerk of court unless you want a certified copy. Instead, present the notarized affidavit to the person or institution holding the property—such as a bank or insurance company. They will release the assets once they accept the affidavit. - Distribute Assets
After acceptance, distribute personal property according to the statutory heirship priorities in G.S. 28A-17. If multiple heirs appear, they may sign a written agreement on division before distribution.
Key Points to Remember
- Only personal property qualifies; real estate generally requires formal probate.
- You must wait at least 45 days after the death before using the Small Estate Affidavit (90 days for surviving spouses).
- Heirs must sign and notarize the affidavit.
- The holder of property (e.g., banks) may request a certified copy from the clerk.
- Assets pass according to North Carolina’s intestacy rules if there’s no will.
- Statutory authority: G.S. 28A-19-1 through G.S. 28A-19-8.
Need Assistance with a Small Estate Affidavit?
Filing a Small Estate Affidavit can save time and court costs. Pierce Law Group’s attorneys have guided many families through this process in North Carolina. Contact us to ensure you meet all requirements and complete each step correctly. Reach out by email at intake@piercelaw.com or call us at (919) 341-7055 to schedule a consultation.
