North Carolina Small Estate Affidavit | Affidavit of Heirship

If a loved one lives in or owns property in North Carolina, and passes away without a will, then successors may file either an affidavit of heirship (personal property) or a small estate affidavit (real estate) to collect the loved one’s estate and distribute it outside of probate court. The estate must value $20,000 or less, and the affidavit must be filed 30 days after the loved one’s passing.

Affidavit of Heirship: North Carolina allows creditors to file an affidavit of heirship, as long as they have evidence that the decedent owed money to the institution or individual. Relatives can also file an affidavit of heirship, although the estate may not be worth more than $20,000.

Small Estate Affidavit: successors in North Carolina may file a small estate affidavit to collect real estate owned by the decedent. The total real estate may not be worth more than $20,000 and the successors must wait at least 30 days before filing the affidavit.



Adobe PDF | Microsoft Word (.doc)

Under Article 25, § 28A-25-1, in North Carolina, successors, including creditors, may file an affidavit of heirship to claim the decedent’s property. Creditors who file the affidavit do so to collect debts owed by the decedent. The creditor must have evidence of the decedent’s debts, and may not file sooner…

Adobe PDF | Microsoft Word (.doc)

If a loved one owns property in North Carolina and dies without a last will or testament, then loved ones may file a small estate affidavit to claim real estate and distribute it among heirs outside of probate court. However, the estate must not value more than $20,000, and the…