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North Carolina Probate Forms

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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 need a probate realtor to assist you with the sale of property contact us 252-902-9006.

Some Terms to Know

  • Decedent - The person who died.

  • 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.

  • Executor - The person named in a will to settle the estate

  • Administrator - the person named by the court to settle the estate

Application And Assignment Year's Allowance

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.  

Renunciation of Rights to Qualify for Letters Testamentary or Letters of Administration

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.

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. 

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.

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. 

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.

AFFIDAVIT FOR COLLECTION, DISBURSEMENT AND DISTRIBUTIONS

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.

ESTATE TAX CERTIFICATION

: Use this form for a decedent who died on or after 1/1/1999, but prior to 1/1/2013. For a decedent who died before 1/1/1999, use AOC-E-207. An estate tax certification under G.S. 28A-21-2(a1) is not required for a decedent who died on or after 1/1/2013.

Affidavit For Subscribing Witnesses of Probate

This form is used to verify that the individuals who witnessed the signing of the will have confirmed their presence and attested to the validity of the document.

Affidavit of Notice to Creditors

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.

ADDENDUM TO APPLICATION FOR PROBATE OF OUT-OF-STATE WILL OR CODICIL

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

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.

Bond

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.

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.

WAIVER OF PERSONAL REPRESENTATIVE’S BOND

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.

Notice to Beneficiaries

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 FOR ADMINISTRATION BY CLERK (Not To Exceed $5,000)

Release of funds to person who paid funeral expenses (up to $3.500) and burial expenses (up to $1500), Estate is valued at less than $5,000 and there are only monetary assets.

Appointment of Resident Process Agent

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.

Inventory for Decedent's Estate also known as the 90 day inventory form

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

Annual/Final Accounting

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.

Motion To Extend Time To File

This is the form you need to file if you do not get things in by the due date.

Heir Recept

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

Estate Action Cover Sheet

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.

**If the forms on this page load slowly it may be due to technical issues with the NC courts website.


 

Order of Summary Administration

This form that certifies the surviving spouse's authority to handle the estate of the decedent. The Clerk records the order on this form after reviewing the petition and supporting evidence.
 

Application for Probate and Petition for Summary Administration (If the deceased left a will

If the surviving spouse is the sole beneficiary under the will

 

Summary Administration (Intestate - There is no will)

Use this form if there is no will and the decedent's spouse is the sole heir.

Petition and Order to Reopen Estate

The courts will only reopen an estate if certain situations arise, such as the ones listed below:

  1. The estate's personal representative did not perform the necessary acts or wishes of the deceased.

  2. Additional financial assets or estate assets have come to light.

  3. Someone wishes to contest the validity of the deceased's will (if they had one).

Assignment of Title Instructions (Mecklenburg County Only)

If the decedent owned a motor vehicle, use this link to learn how to use the form to transfer the title.

Special Proceedings Action Cover Sheet

If you need to request (or if your attorney request) that the court force the sale of the property in order to pay creditors or so money can from the sale of the house can be split amongst the heirs, this is the cover form that you will use.  

Learn More About The Probate Process

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Denise Harper Davis

Certified Probate Real Estate Specialist

Licensed Realtor

252-902-9006

* 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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