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. 

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.

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 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.

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.

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.

If you run out of room in the inventory section, use this form to list additional inventory.

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.