North Carolina Affidavit For Collection Withholding

State:
North Carolina
Control #:
NC-E-203
Format:
PDF
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Description

The North Carolina Affidavit for Collection Withholding is a legal document that allows eligible individuals to collect personal property of a deceased individual without going through the formal probate process. This form is particularly useful for heirs, executors, devisees, or creditors who have the right to the decedent's estate under state law. Key features of the form include the requirement to verify that at least thirty days have passed since the decedent's death and that the total value of personal property does not exceed $20,000 or $30,000 depending on the relationship to the decedent. Filling out the form requires accurate information regarding the decedent’s name, date of death, and property details. Additionally, it must be sworn before a notary or authorized individual. Attorneys, partners, owners, associates, paralegals, and legal assistants will find this form beneficial for efficient estate handling in cases where formal probate is not necessary. It's essential for users to ensure all fields are correctly completed and attached documents, such as the decedent's will, if applicable, are included. The clear structure of the form facilitates straightforward completion, making it accessible even for those with minimal legal experience.

How to fill out North Carolina Small Estate Affidavit For Collection Of Personal Property Of Decedent Intestate - Testate?

How to locate professional legal documents that adhere to your state guidelines and draft the North Carolina Affidavit For Collection Withholding without seeking an attorney's assistance.

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FAQ

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.

To summarize, the executor does not automatically have to disclose accounting to beneficiaries. However, if the beneficiaries request this information from the executor, it is the executor's responsibility to provide it. In most cases, the executor will provide informal accounting to the beneficiaries.

A Collection by Affidavit is available for a small estate whether the decedent dies intestate (without a will) or testate (with a will). The affiant, or person who makes the affidavit, can be the public administrator or the decedent's heir, creditor, executor, or devisee.

As mentioned above, North Carolina law provides protections for creditors when someone dies, giving them 90 days from the publication of the notice to creditors to file claims against the estate for payment.

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North Carolina Affidavit For Collection Withholding