The North Carolina Small Estate Affidavit is an affidavit written by the successors of an estate when a family member has passed away with or without making a will. Learn how to write a free North Carolina Small Estate Affidavit form, where to file the affidavit and the monetary and time limits involved.
A North Carolina small estate affidavit form, also called a North Carolina Affidavit for Collection of Personal Property of Decedent form, is used in the event that the decedent had a limited amount of assets. To qualify as a small estate in North Carolina, the estate in question must be valued at less than $30,000 for the spouse and $20,000 for the heirs. A North Carolina Small Estate Affidavit can be used for the collection of personal property and real estate.
North Carolina Small Estate Affidavit Requirements
- The decedent must be a resident of the State of North Carolina.
- Falls under North Carolina Statutes Section 28A-25-1.1 – Collection of property by affidavit -Form AOC-E-203B
- The estate in question must be valued at less than $20,000 for heirs and $30,000 for the spouse.
- Thirty days have elapsed since the death of the decedent.
- Must be filed with the superior court clerk in the county where the decedent resided at the time of death.
How to Write a North Carolina Small Estate Affidavit Form
First of all, fill in the county in North Carolina at the top of the form and mrk if the decedent passed away testate or intestate, that’s with or without a will. Write the decedent’s name and address, phone number and the date the decedent passed away in the space provided.
For Sections 1, 3, 4 and 5 check the box that most appropriately answers the questions pertaining to the decedent’s estate. In Section 7, list the names of the heirs, along with their age, relation and address. For Parts 1, 2 and 3, make sure to include all estate belonging to the decedent. Make sure thirty days have elapsed since the decedent’s passing before getting the affidavit notarized.
Free North Carolina Small Estate Affidavit Form
Once the document is signed and dated by the notary and the clerk of the superior court, the North Carolina small estate affidavit is valid and the affiant can proceed to collect the assets.
Fill out and print a free North Carolina Small Estate Affidavit online.