Make Legal North Carolina Small Estates Forms For Free

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.

For small estates, North Carolina has a simplified process which allows you to wrap up the estate without formal probate. This process applies to estates with personal property valued at $20,000, or $30,000 if the surviving spouse inherits everything under state law.

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.

In North Carolina, individuals must be 18 or older and of sound mind to serve as an executor. Being of sound mind means not officially judged as incapacitated by a court. Along with the basic requirements above, North Carolina Statutes disqualify certain individuals and entities from serving as executors.

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.