Short Answer

In North Carolina, a small estate opened by Collection by Affidavit is closed by filing the Final Affidavit (AOC‑E‑204) with the Clerk of Superior Court within 90 days of the qualifying affidavit; if more time is needed, request an extension (AOC‑E‑515/516) for up to one year. Distribute funds in the statutory order, and if an heir died before receiving a distribution, pay that share to the personal representative or small estate for that heir. If a deceased heir’s share is modest (≤ $5,000), you may pay it to the Clerk under the “payment to clerk” procedure instead of opening full probate.

Understanding the Problem

In North Carolina probate, how do I close a small estate when I recovered unclaimed property and both named heirs died before payment? You, as the collector by affidavit, must file a final accounting by a set deadline with the Clerk of Superior Court. One key fact: both heirs died before the distribution check arrived, so their estates—not the individuals—must receive their shares before you file the final affidavit.

Apply the Law

North Carolina allows certain estates to be handled by affidavit instead of full probate. After collecting the asset (here, unclaimed property), the affiant must distribute it in the required order and then close by filing a final affidavit within 90 days of the qualifying affidavit. If an heir dies before receiving a distribution, the share is payable to that heir’s estate (through a small‑estate affidavit for that heir, a personal representative, or, for small amounts, by paying the Clerk under the “payment to clerk” procedure). The Clerk of Superior Court is the forum. The core deadline is the 90‑day final‑affidavit deadline, with possible extension up to one year.

Key Requirements

• Eligibility and collection: Use the small‑estate affidavit only if personal property subject to administration stays within the statutory dollar limit; collect the unclaimed property with certified copies of the affidavit.
• Distribute in order: Pay any statutory allowances and valid claims first, then distribute the remainder to those entitled under the will or intestacy.
• Deceased distributees: If a beneficiary/heir dies before payment, deliver that share to the personal representative or small‑estate affiant for that person; if ≤ $5,000 in total is owed to that decedent, you may pay it to the Clerk under the “payment to clerk” process.
• Final affidavit: File the Final Affidavit of Collection, Disbursement and Distribution (AOC‑E‑204) within 90 days of the qualifying affidavit; if you cannot, file a timely report and seek an extension (AOC‑E‑515/516) of up to one year from the original filing.
• Reopening and limits: If you reopened to add after‑discovered property, use a supplemental small‑estate affidavit to list it; if new assets push the estate over the small‑estate limit or disputes arise, convert to a formal estate with a personal representative.

What the Statutes Say

• North Carolina Gen. Stat. § 28A‑25‑1 (Collection by affidavit – intestate) – Permits collection of small intestate estates by affidavit after 30 days.
• North Carolina Gen. Stat. § 28A‑25‑1.1 (Collection by affidavit – testate) – Similar process when there is a will.
• North Carolina Gen. Stat. § 28A‑25‑3 (Distribution and final affidavit) – Requires distribution in order and a final affidavit within 90 days; allows extensions.
• North Carolina Gen. Stat. § 28A‑25‑6 (Payment to clerk of money owed to a decedent) – Lets a payor satisfy ≤ $5,000 owed to a decedent by paying the Clerk if no PR is appointed.

Analysis

Apply the Rule to the Facts: You reopened a small estate to collect unclaimed property. Before distribution, both heirs died, so you cannot pay them directly. Their shares must be paid to their estates—either by opening small‑estate affidavits for each or, if each share is ≤ $5,000, by paying each amount to the appropriate Clerk under the “payment to clerk” process. If your 90‑day deadline is near, file a short report and request an extension before it expires, then file the AOC‑E‑204 after you route both shares correctly.

Process & Timing

1. Who files: The small‑estate affiant for the grandparent’s estate. Where: Clerk of Superior Court in the county of the grandparent’s domicile. What: File the Final Affidavit of Collection, Disbursement and Distribution (AOC‑E‑204); if time is short, file AOC‑E‑515 (Motion to Extend Time) and obtain AOC‑E‑516 (Order to Extend Time). When: Within 90 days of filing the qualifying small‑estate affidavit; extensions can run up to one year from the original filing.
2. Route deceased heirs’ shares: Before filing AOC‑E‑204, arrange payment of each deceased heir’s share to that heir’s estate. Options: (a) open a small‑estate affidavit for each heir using AOC‑E‑203B in the heir’s county of domicile; or (b) if the amount due to a deceased heir is ≤ $5,000 (aggregate for that decedent), use the “payment to clerk” process with AOC‑E‑432/AOC‑E‑431 in that county.
3. Close the small estate: After making (or documenting) the distributions, file AOC‑E‑204 with supporting detail, and pay the applicable fee on the total personal property administered. The Clerk will review and, if in order, close the small‑estate file.

Exceptions & Pitfalls

• If newly discovered assets push the estate over the small‑estate dollar cap, you must convert to a formal estate and have a personal representative appointed.
• Some holders of funds may insist on Letters of Administration despite the affidavit; if so, consider whether conversion to a formal estate is more efficient than trying to compel compliance.
• For the “payment to clerk” option, the ≤ $5,000 cap is an aggregate per decedent; exceeding it requires appointment of a personal representative or use of a small‑estate affidavit for that decedent.
• Small‑estate proceedings do not publish a creditor notice; if claims or disputes surface, the Clerk can require compliance or you may need to shift to formal administration.

Talk to a Probate Attorney

If you’re dealing with closing a North Carolina small estate that includes unclaimed property and a deceased beneficiary, our firm has experienced attorneys who can help you understand your options and timelines. 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.