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 successors must wait at least 30 days after the decedent’s passing before filing the small estate affidavit. In North Carolina, creditors are among the potential successors who may file a small estate affidavit, as long as they have evidence of the debts owed by the decedent. The small estate affidavit in North Carolina is governed by Article 25, G.S. 28A-4-2.
How to Write
Step 1 – Download in Adobe PDF or Microsoft Word (.doc).
Step 2 – Enter the following into the form:
- Header – Enter Superior Court (See List)
- Name of Decedent
- Date of Birth
- Case Number
- Check the three (3) boxes depending on your situation
- Date and Sign
- Verification – On the last page you will be required to verify that everything you have stated is true and accurate
Step 3 – Bring a certified copy of the death certificate and file the form with the proper clerk or courthouse.
