Fill Out Legal North Carolina Heirship Affidavits Forms For Free

What is The Affidavit for Collection of Personal Property? ing to the North Carolina statute § 28A-25-1, a heir can settle a deceased person's estate without going through probate by applying for the Affidavit for Collection of Personal Property of the Decedent (form AOC-E-203B).

Claiming Property With a Small Estate Affidavit North Carolina offers a simple procedure (called "small estate administration" or "administration by affidavit) that allows inheritors to skip probate altogether when the value of all the assets left behind (after subtracting liens and debts) is less than $20,000.

Rather, it is an affidavit that summarizes the deceased person's family history and the identity of their heirs. Affidavits recorded in the public records of any counties in which the decedent owned property create a rebuttable presumption that the property has passed to the heirs.

If multiple people own a piece of real estate, the first step is to decide whether they should buy each other out or sell the property. If they cannot agree, they will need to get legal help and file a petition in court that forces the sale of the property. This way, all beneficiaries can get what they are entitled to.

North Carolina considers ?small estates? to be any estate valued at less than $20,000.00 (or $30,000.00 if the only beneficiary is a surviving spouse). You do not have to count real property or certain retirement accounts and life insurance policies if they already include a named beneficiary.

This process applies to estates with personal property valued at $20,000, or $30,000 if the surviving spouse inherits everything under state law. North Carolina also has a simplified probate process called summary administration which applies if the surviving spouse is the sole heir.