When and How Can I Use a Small Estate Affidavit in North Carolina for Estates Under $20,000?

1. Detailed Answer

In North Carolina, a Small Estate Affidavit provides a streamlined way to collect a decedent’s personal property—such as bank accounts, vehicles, and household goods—when the estate’s total value does not exceed $20,000. This process avoids full probate, saving time and court costs. You may use this procedure only if no personal representative (also known as an executor or administrator) has been appointed and qualified.

Eligibility Requirements

• The decedent must have been domiciled (legally lived) in North Carolina at the time of death.
• No personal representative has qualified in any county for that estate.
• Total value of personal property, after deducting liens and encumbrances, cannot exceed $20,000.
• The affidavit applies only to personal property, not real estate.

Statutory Authority

North Carolina law authorizes this process under G.S. 28A-24-1. If the decedent was domiciled outside North Carolina, you must wait 90 days after death before filing.

Step-by-Step Process

1. Verify the $20,000 Threshold. Add up the value of all personal property. Subtract any liens or other encumbrances. Confirm the net value does not exceed $20,000.
2. Obtain a Certified Death Certificate. You must attach a certified copy to the Small Estate Affidavit.
3. Prepare the Affidavit. Use the form available from the clerk of superior court in the county where the decedent was domiciled. Include:
   • Decedent’s full name, date of death, and last known address.
   • List of heirs or beneficiaries entitled to receive the property.
   • Detailed schedule of personal property and its value.
   • Statement that no personal representative has qualified.
4. File with the Clerk. Submit the affidavit, death certificate, and any required filing fee to the clerk of superior court in the decedent’s county of domicile.
5. Receive Certified Copy. The clerk will issue a certified copy. Use it to present to banks, title offices, and other holders of the decedent’s property.
6. Collect and Distribute. Present the certified copy to institutions holding the assets. Collect the property and divide it among heirs or beneficiaries according to North Carolina’s statutes of descent and distribution or under the will.

2. Key Points to Remember

• Small Estate Affidavits cover only personal property, not real estate.
• The net value cannot exceed $20,000 after liens.
• Wait 90 days if the decedent lived outside North Carolina.
• Submit the affidavit where the decedent was domiciled.
• Cite G.S. 28A-24-1 as your legal authority.
• Affidavit must list all property, heirs, and confirm no executor has qualified.
• Include a certified death certificate with your filing.

Need Assistance Navigating a Small Estate Affidavit?

Handling even a small estate involves important legal steps. Pierce Law Group’s attorneys have guided many families through the small estate process. Let us help you gather the correct forms, meet the statutory requirements, and collect your loved one’s assets quickly and correctly.

Contact us today at intake@piercelaw.com or call (919) 341-7055 for a consultation.