North Carolina Probate Forms
You will find that there are many different probate forms that may be needed when filing probate. We have listed a few of them, along with a short summary explaining what the form is for. It is always best to consult with a probate attorney to ensure that you have chosen the correct form and have filled it out correctly. If you are in need of a probate attorney contact us and we will put you in touch with one. 252-902-9006
Some Terms to Know
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Decedent - The person who died.
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Estate - all the money and property owned by a particular person, especially at death. Example...real estate, bank accounts, vehicles, stock & bonds, jewelry, art collection, etc.
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Executor - The person named in a will to settle the estate
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Administrator - the person named by the court to settle the estate
Application For Probate And Letters - Executor
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.
Application For Probate And Letters - Administrator
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.
Instructions to complete the inventory portion
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.
AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY OF DECEDENT
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.
ORDER AUTHORIZING ISSUANCE OF LETTERS
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.
Letters Testamentary/letters of Administration
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.
Oath/Affirmation
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.
Renunciation of Right to Qualify for Letters Testamentary or Letters of Administration
If you decide you do not want to be executor or administrator over the estate this is the form that you will fill out and give to your attorney or the clerk of superior court.
Affidavit of Notice to Creditors
This form is to inform the courts that the decedent's creditors have been made aware of the probate filing.
**Failing to properly file a notice 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.
Notice to Beneficiary
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.
Application And Assignment Year's Allowance
An Estate's Allowance of up to $30,000.00 can be allocated to the decedent's spouse without the daunting task of probate administration - all it takes is completing this one form and having it certified at your nearest Clerk of Court. This simplification process offers an efficient way for surviving spouses to retain their loved ones' beloved personal property in cases that do not exceed this amount.
Additional Inventory to list
Use this form to reflect any significant changes in value or additional new assets promptly upon finding out that knowledge.
Application for Probate and Petition for Summary Administration
Use this form for small estates. North Carolina offers a streamlined approach for inheritors to skip probate altogether when the value of all assets is less than $20,000 - or if the surviving spouse is collecting everything in an estate valued at up to $30,000. However, there are several restrictions which must be followed: you must wait 30 days after death before executing this procedure and it cannot apply to real estate transactions. With these conditions met though, small estate administration can facilitate efficient transferral of property left behind by loved ones.
Heir Receipt
This is the form used to inform the courts that the heirs have received what is rightly theres.
Account Annual/Final
This form is used to report an annual closing or the final closing.
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Denise Harper Davis
Certified Probate Real Estate Specialist
Licensed Realtor
252-902-9066
* Disclaimer: North Carolina Probate Solutions and the author of this page is not a licensed attorney or CPA. This post should not be considered legal or tax advice. Always consult an estate attorney or tax professional when needing legal answers and legal advice.
The above information is provided for informational purposes only. While we do our best to keep our content and links up-to-date, state laws may change periodically, so be certain to confirm any state specific information with a local authoritative source such as the court clerk’s office, or if necessary, an attorney.
For specific or individualized advice regarding your situation, please consult with a probate clerk of court, qualified trust & estates tax &/or legal professional, or reference the North Carolina probate code.
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