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 than 30 days after the decedent’s passing. Other successors may have evidence of their relationship to the loved one when filing the affidavit of heirship, and the estate may not be worth more than $20,000.
How to Write
Step 1 – Download in Adobe PDF or Microsoft Word (.doc).
Step 2 – Fill-in the following blanks respectively:
- Identify all heirs of the estate
- Your legal name and address
- List your relationship with the decedent
- Timeline of relationship
- Name of any/all spouses including date(s) or marriage, divorce, and death (if any)
- Name of any/all children including date(s) or marriage, divorce, and death (if any)
- Name of any/all grandchildren including date(s) or marriage, divorce, and death (if any)
- Name of any/all parents including date(s) or marriage, divorce, and death (if any)
- Name of any/all brothers & sisters including date(s) or marriage, divorce, and death (if any)
- Name of any/all nieces & nephews including date(s) or marriage, divorce, and death (if any)
Step 3 – Bring a certified copy of the death certificate and sign the document before a notary public.
