What steps are required to open an intestate estate in North Carolina?
Detailed Answer
When someone dies without a valid will in North Carolina, that person’s property passes through intestate succession. To administer an intestate estate, you must open a formal probate file in the clerk of superior court’s office where the decedent lived. Here are the key requirements under North Carolina law:
1. Determine Eligibility and Estate Size
First, determine whether the estate qualifies for small estate administration by affidavit. If the decedent’s personal property (excluding real estate) totals $20,000 or less, you can use the Small Estate Affidavit procedure under G.S. 28A-19-1 (ncleg.gov/GS_28A-19-1). Otherwise, you must open full administration.
2. Prepare and File the Petition for Administration
For full administration, file a petition for administration of intestate estate in the clerk’s office. The petition should include:
- The decedent’s full name, date of death and last county of residence.
- A certified copy of the death certificate.
- A list of the decedent’s heirs at law with their addresses.
- A statement of the estimated value and nature of the probate assets.
- A request that the clerk appoint an administrator.
Pay the required filing fee at the time you submit the petition.
3. Notice to Heirs and Interested Parties
North Carolina law requires you to notify all heirs, the surviving spouse (if any) and any other interested parties of the petition. The clerk will issue an order setting a hearing date. You must mail or personally deliver the notice at least ten days before the hearing.
4. Appointment of Administrator
At the hearing, the clerk reviews the petition. If there are no valid objections, the clerk appoints an administrator and issues letters of administration. The administrator must take an oath of office, file it with the clerk, and, unless waived by all heirs, post bond as required by G.S. 28A-10-4 (ncleg.gov/GS_28A-10-4).
5. Inventory and Creditor Notice
Within 90 days of appointment, the administrator must file an inventory of the estate’s assets and give notice to creditors under G.S. 28A-25-1. Creditors then have four months to file claims.
6. Administration and Distribution
After paying valid debts and expenses, the administrator prepares a final accounting. The court reviews the accounting, approves fees and expenses, and authorizes distribution under the rules of intestate succession in Article 3 of Chapter 28A. Once the clerk signs an order of distribution, the administrator transfers property to heirs and closes the estate.
Key Steps Checklist
- Determine if small estate affidavit applies (G.S. 28A-19-1).
- Obtain certified death certificate.
- File petition for administration with clerk of superior court.
- Serve notice on heirs and interested parties.
- Attend hearing and secure appointment as administrator.
- File administrator’s oath and post bond if required (G.S. 28A-10-4).
- File inventory and notify creditors (G.S. 28A-25-1).
- Settle debts, prepare final accounting, and seek court approval.
- Distribute assets under intestate succession rules and close estate.
Ready to Get Started?
Opening an intestate estate involves strict procedures and deadlines. Pierce Law Group’s attorneys have helped North Carolina families navigate probate smoothly. Contact us today to discuss your situation. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.
