An Estate's Allowance of up to $60,000.00 from the funds of the personal property can be allocated to the decedent's spouse and $5000.00 for a years support to the decedent's children.  

If there is a living spouse or siblings they will need to renounce their rights and nominate you as administrator.  Please note: the oldest sibling DOES NOT automatically becomes the executor or administrator.  Age has nothing to do with it.

If the decedent named you as the executor in the Will, this is the form that you will use to start the probate process.  With this form, you will attach the death certificate and the Will.  You will file this form in that county where the decedent lived. File it at the county clerk of superior court.  I would suggest that you call the county clerk of superior court to see if any additional information is going to be needed. If the Decedent did not live in North Carolina at the time of death, you may file in any county in which they held assets or property. 

If the decedent did not leave you or anyone else as the executor in the Will, this is the form that you will use to start the probate process.  With this form, you will attach the death certificate.  You will file this form in that county where the decedent lived. You will file it at the county clerk of superior court.  I would suggest that you call the county clerk of superior court to see if any additional information is going to be needed. If the Decedent did not live in North Carolina at the time of death, you may file in any county in which they held assets or property. 

Attached to form AOC-E-201 and form AOC-E-202 is a form where you have to list the decedents assets and debts in the estate.  The estate consist of everything that the decedent owned including bank accounts, stocks, bonds, real estate, boats, automobile, furniture, jewelry, pictures, etc.  You will need to list these things along with the value of each on the day of death.  You may need to get an appraiser and a real estate agent to help you.

Use this form if the value of the estate is less than $20,000.00 (or potentially $30,000 for surviving spouses), and 30 days have passed since the date of death.

After paying the estate debts and distributing the estate property, YOU must file a closing affidavit with the Clerk of Superior Court using the Affidavit of Collection, Disbursement, and Distribution form. Click on the form aoc-e-204 link to view or download the form. On this closing affidavit you will document all assets along with the value of the assets, what you paid out to creditors, taxes, etc. from the estate account, and what was given to heirs and beneficiaries.

Use this form to inform the courts that the decedent's creditors have been made aware of the probate filing.

**Failing to properly file a notice to creditors may be THE most common mistake people make during probate. If you don’t do a thorough job, you may be personally liable for the estate’s debts.

You will use this form if the decedent lived in another state and had a will created or made changes to the original will.

By signing an "oath or affirmation," individuals pledge to be truthful in the presence of a notary and uphold their commitment to faithfully carry out assigned duties. This solemn statement confirms they have taken this oath, witnessed by a legal authority who affirms its validity.

If you do not live in North Carolina it is required that you purchase a probate bond.  This is the form that you and the bond company will need to fill out.

Once you have filed all required documentation the Clerk will examine each piece of information and determine if everything is filled out correctly and if the will is valid. Once everything has been validated you will be issued Form AOC-E-402.  

Once the Executor has met all legal requirements, they will receive copies of form AOC-E-403, Known as Letters Testamentary or Letters of Administration. You will receive 5 copies of this form. With the provided form, you can act on behalf of the decedent and access their accounts. Extra documents for reference or distribution are available if necessary - simply cover related filing fees to request copies.

If you live in North Carolina, each county probate court will make the decision if an Administrator or Executor Bond is necessary.  However if all heirs/beneficiaries agree that you do not need to be bonded you will use this form to avoid the purchase of a bond. Also if the decedent stated in a will that you do not need to be bonded this also allows you to avoid the purchase of a probate bond.  Bonds cannot be waived for out of state residents.  So if you are applying to become the executor or administrator and you live outside of NC you will be required to purchase a bond.

You must notify all beneficiaries about the probate filing of the estate. You can use this form to notify them, as specified by North Carolina General Statute §28A-2A-3. The responsible party should ensure that these notifications are taken care of properly - usually generated and sent out by a personal representative (PR) with confirmation from their local clerk.

If you live outside of the State of North Carolina you will be required to appoint a resident process agent.  Use this form.  You will need to fill out the information and sign.  Then send it to the person who will serve as the resident process agent.  They will need to sign this form in front of a notary and then take or send it to the clerk of superior court where the probate was filed.

This is the inventory form that you will use to submit to the court 90 days after being appointed executor or administrator.

Use this form to report the final accounting. This form shows where all of the estate funds went.  If the probate is not completed you will use this form to show the annual accounting.

Heirs will need to sign this form to let the courts know that they have received their share of the estate.

Serves as the first page of any probate filing. includes information about the decedent, the personal representative, and all persons entitled to share in the decedent’s estate.