Dec182025
Probate Q&A Series

What should I put on a form asking for other people who may be entitled to share in the estate if I don’t know of anyone? – North Carolina

Short Answer

In North Carolina probate forms, a question about “other persons who may be entitled to share in the estate” is asking whether there may be heirs or beneficiaries other than the people already listed. If no one else is known after a reasonable check, the safest approach is to state that no other persons are known (or that none are known “at this time,” if that is more accurate) rather than leaving the space blank. If later information shows additional heirs or beneficiaries, the paperwork may need to be updated and additional notice may be required.

Understanding the Problem

In a North Carolina estate matter, a petitioner may file an application with the Clerk of Superior Court for a year’s allowance and related relief. Some forms ask whether there are other people who may be entitled to share in the estate, even when no will is available or the family structure is unclear. The decision point is what to write on that form field when no additional heirs or beneficiaries are known, and how to handle signature, date, and notarization sections so the form is acceptable for filing with the clerk.

Apply the Law

North Carolina probate practice generally expects the filer to disclose all known people who could have an interest in the estate (such as heirs in an intestate estate and devisees in a testate estate) so the Clerk of Superior Court can determine who must receive notice and whether further steps are needed. When potential heirs are unknown, North Carolina procedure can require special notice and court protections for “unknown heirs,” which is why the form asks the question in the first place. For a year’s allowance application, the clerk can assign the allowance by order if the clerk is satisfied the application is accurate, but the clerk can also require a hearing or a contested estate proceeding when notice and interested-party issues exist.

Key Requirements

  • Full disclosure of known interested persons: List the people known to have a possible share or claim based on the will (devisees) or, if there is no will, the family relationship rules (heirs).
  • Good-faith statement when no one else is known: If no additional persons are known after reasonable diligence, state that fact clearly instead of leaving the question unanswered.
  • Correct execution of the form: Sign and date only the sections meant for the applicant or affiant; complete notarization blocks only when the form calls for a notarized signature; leave clerk-only signature blocks for the Clerk of Superior Court.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The stated facts involve completing North Carolina probate paperwork for a year’s allowance and uncertainty about listing “other people who may be entitled to share in the estate” and about signature/notary sections. Because the clerk’s decision can depend on who might be affected, the form should not be left silent on that question; a clear statement that no other persons are known (after a reasonable check) helps the clerk assess whether additional notice or steps are needed. If the form has a notary block for the applicant’s signature, that signature should be notarized; if the form has a “for the clerk” signature line or order section, that portion should be left for the Clerk of Superior Court.

Process & Timing

  1. Who files: Typically the surviving spouse or qualifying child seeking the year’s allowance. Where: North Carolina Clerk of Superior Court (Estates Division) in the county where the estate is being handled. What: The standard AOC year’s allowance application (commonly used in North Carolina) and any required attachments the clerk’s office requests. When: If a personal representative has been appointed, year’s allowance-related deadlines can apply; if an additional allowance is sought, it generally must be filed within one year of death or within six months after letters issue when a personal representative has been appointed.
  2. Clerk review: The clerk reviews the application for completeness, including whether all known interested persons are identified and whether any unknown-heir issue exists that requires extra steps.
  3. Order/assignment: If satisfied, the clerk signs an order assigning the allowance; if not, the clerk can require a hearing and may direct the petitioner to proceed as a contested estate proceeding.

Exceptions & Pitfalls

  • Leaving the “other persons” field blank: A blank answer can look like a missing item rather than a “none,” and it can slow acceptance or trigger follow-up from the clerk.
  • Overstating certainty: If family history is incomplete (for example, a prior marriage, an estranged child, or unknown relatives), stating “none” without qualification can create problems later. In that situation, “none known after reasonable inquiry” or “none known at this time” is often more accurate.
  • Signing the wrong section: Many probate forms include signature blocks for the applicant and separate signature blocks for the clerk’s order. The applicant should not sign the clerk’s order section.
  • Notarization mismatch: If the form includes a notary certificate for the applicant’s signature, the applicant should sign in front of a notary. If there is no notary block, adding notarization usually is not required unless the clerk requests it.
  • Unknown-heir procedures: When there may be unknown heirs, North Carolina practice can require additional notice steps and court protection for those unknown persons, which can change the process and timeline.

Conclusion

On North Carolina probate forms, a question about “other people who may be entitled to share in the estate” should be answered clearly, not left blank. If no other heirs or beneficiaries are known after reasonable inquiry, stating “none known” (or “none known at this time”) typically fits the purpose of the question and helps the Clerk of Superior Court evaluate notice and next steps. The next step is to file the completed year’s allowance application with the Clerk of Superior Court, and if an additional allowance is sought, it must be filed within one year of death or within six months after letters issue if a personal representative has been appointed.

Talk to a Probate Attorney

If a North Carolina year’s allowance filing is being delayed by questions about unknown heirs, who must be listed, or which parts of the form must be notarized, a probate attorney can help clarify what the clerk will require and what must be completed before filing. Call us today at (919) 341-7055.

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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.