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The deceased names them the executor in the will and informs them of their role before their death. If the will did not name an executor, you may ask the court to name you as the estate administrator instead. In this case, you act as the executor, but under appointment by the court and not the deceased.

Every state has rules about who can serve as an executor. In North Carolina, an executor must be 18 years or older, literate, and of sound mind. But someone who meets those requirements does not automatically qualify to serve as an executor.

A North Carolina small estate affidavit is a document that allows an individual to petition for all or a portion of a deceased person's estate. The petitioner, or affiant, can only use this affidavit if they have a lawful claim to the estate.

North Carolina's Intestate Succession Laws If the decedent had two children, the surviving spouse will only receive a one-third interest in the real property. If you die without a surviving spouse, your assets will generally pass to your children. If you have no children, your parents will receive the estate.

However, if your loved one did not list an executor in their will, you can file an application with the Clerk of Superior Court to assume this responsibility.

What is a ?Small Estate?? 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.