When Full Probate Is Required in North Carolina
North Carolina law provides a simplified path called summary administration for small estates. Under N.C. Gen. Stat. §28A-19-3, an estate qualifies for this procedure only if all of the following apply:
- The decedent was domiciled in North Carolina at death.
- All personal property located in North Carolina (excluding motor vehicles and certain insurance proceeds) has a total value of $20,000 or less after deducting funeral expenses, family allowances and exemptions.
- The decedent did not own real property or an interest in real property in North Carolina.
- No petition for appointment of a personal representative is pending.
- No unresolved creditor claims exceed the available assets under the statutory exemptions.
If your loved one’s bank account or combined intangible assets exceed the $20,000 threshold, you cannot use summary administration. Instead, you must open a regular (full) probate proceeding. Full probate requires:
- Filing a formal petition in the clerk’s office under N.C. Gen. Stat. Chapter 28A, Article 2.
- Appointing a personal representative (formerly called executor or administrator).
- Issuing letters testamentary or letters of administration.
- Publishing notice to creditors and mailing notice to known creditors.
- Filing an inventory of all estate assets and a schedule of liabilities.
- Paying valid creditor claims and taxes before distributing assets.
Even if only one bank account pushes the value above $20,000, the full probate process applies. The court will supervise each step, ensuring debts are paid and remaining assets distribute according to the will or North Carolina’s intestacy rules.
For more details on the summary administration limits, see N.C. Gen. Stat. §28A-19-3: ncleg.gov – GS 28A-19-3.
Key Steps and Considerations
- Calculate all intangible assets: Combine the values of every bank account, stock holding and other personal property located in North Carolina.
- Exclude allowable deductions: Subtract funeral expenses, family allowance (N.C. Gen. Stat. §28A-25-2) and personal exemptions.
- Check for real estate: Ownership of real property disqualifies summary administration entirely.
- Evaluate creditor exposure: If potential claims exceed exempt assets, the court may require full administration.
- Choose the right proceeding: If total intangible assets exceed $20,000, file for regular probate. If not, use the affidavit-based summary process under §28A-19-3.
- Understand timelines: Summary administration allows distribution after a 10-day waiting period. Full probate follows statutory notice and inventory deadlines set out in Chapter 28A.
- Prepare required documents: Petitions, death certificate, notices, letters, inventory and final accounting for full probate.
- Seek professional support: A probate attorney can guide you through asset valuation, creditor notices and court filings.
Next Steps
Deciding between summary administration and full probate hinges on the total value of the estate’s intangible assets, presence of real property and the complexity of creditor claims. If the bank account or combined assets exceed $20,000, you must proceed with full probate to comply with North Carolina law.
Pierce Law Group’s attorneys have extensive experience guiding families through both summary administration and full probate. To discuss your situation and take the right first step, contact us today:
Email: intake@piercelaw.com
Call: (919) 341-7055
