When Can I Use the North Carolina Small Estate Affidavit Instead of a Full Probate Estate?
1. Detailed Answer
North Carolina offers a simplified process called the Small Estate Affidavit for estates that meet certain requirements. You can use this option instead of opening a full probate estate when the decedent:
- Domiciled in North Carolina at the time of death.
- Left no real property in North Carolina.
- Owned only personal property (bank accounts, automobiles, household goods, etc.) with a total value, after deducting liens and encumbrances, of $20,000 or less.
(See N.C.G.S. § 28A-21.2 ncleg.gov/GS_28A-21.2) - Held no assets in a trust requiring formal administration.
To qualify, at least 10 days must pass after the decedent’s death before filing the affidavit in the clerk of court’s office where the decedent lived. The person claiming property must:
- Prepare a sworn affidavit listing the decedent’s personal assets and their values.
- Identify all other persons entitled to the property.
- Have each heir or beneficiary sign a consent or provide notice as required by statute.
- File the affidavit with the clerk of superior court and pay any filing fees.
Once the clerk accepts the affidavit, the filer may collect and distribute the property without a full probate proceeding. This process saves time and court costs when the estate is small and simple.
2. Key Points to Remember
- Eligibility Criteria: No real property and total net personal property under $20,000.
- Residency Requirement: Decedent must have been domiciled in North Carolina.
- Waiting Period: Must wait at least 10 days after death before filing.
- Affidavit Contents: List assets, values, beneficiaries, and liens.
- Consent or Notice: Obtain signatures or provide statutory notice to all heirs.
- Clerk of Court Filing: Submit the affidavit and pay the fee in the county where the decedent lived.
- Distribution: Proceed to collect and distribute assets without further probate.
Contact Pierce Law Group for Help
If you think you qualify for a Small Estate Affidavit or you need guidance on North Carolina probate, our experienced attorneys at Pierce Law Group can help. Email us at intake@piercelaw.com or call us at (919) 341-7055 to schedule a consultation and protect your loved one’s legacy.
