[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Probate Court or Office of the Clerk] [Address] [City, State, ZIP] Subject: Closure of Estate without Distribution for [Deceased Person's Full Name], File Number XXXXXXXX Dear [Probate Court or Office of the Clerk], I am writing to request the closure of the estate of [Deceased Person's Full Name], with file number XXXXXXXX, as there are no remaining assets to be distributed among the heirs and beneficiaries. I, [Your Name], the personal representative or executor of the above-mentioned estate, have successfully completed all necessary duties for the administration of the estate as per the laws and regulations of the state of North Carolina. To officially close the estate without distribution, I have enclosed the following documents for review and approval: 1. Death Certificate: A certified copy of the death certificate of the deceased, duly issued by the appropriate authority. 2. Original Will (if applicable): If a will was involved in the decedent's estate, please find the original will enclosed herewith. 3. Inventory and Appeasement: A complete inventory and appeasement of all assets held by the deceased at the time of their passing has been provided to the court. No assets remain to be distributed, as all debts, taxes, and expenses have been completely satisfied. 4. Final Accounting: A comprehensive final accounting, detailing all income, expenses, taxes paid, and distributions made throughout the probate process, is enclosed. The accounting has been prepared in accordance with the statutory requirements of the state of North Carolina. 5. Waivers and Consents: All necessary waivers and consents from the heirs and beneficiaries, acknowledging the no-distribution status of the estate, have been obtained and are enclosed herewith. Having diligently performed all the duties and obligations, and taking into consideration the specific circumstances of this estate, I kindly request the court's approval for the closure of this estate without distribution. I have also fulfilled all other obligations required by law, including the filing of the appropriate tax returns. Should you require any additional information or if there are any further steps to be taken, please do not hesitate to contact me at the provided contact details. I am readily available to respond to any queries or concerns. Thank you for your time and attention to this matter. I greatly appreciate your assistance in finalizing the closing of the estate of [Deceased Person's Full Name]. I trust that all the enclosed documents will meet the requirements to complete this process successfully. Yours sincerely, [Your Name] [Personal Representative/Executor of the Estate] [File Number: XXXXXXXX] Keywords: Mecklenburg North Carolina, Sample Letter, Closing of Estate, No Distribution, Probate Court, Office of the Clerk, Death Certificate, Original Will, Inventory and Appeasement, Final Accounting, Waivers and Consents, Personal Representative, Executor, Assets, Beneficiaries, Heirs, Tax Returns.
Mecklenburg North Carolina Sample Letter for Closing of Estate with no Distribution
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How to fill out Mecklenburg North Carolina Sample Letter For Closing Of Estate With No Distribution?
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FAQ
You should expect it to take a minimum of six months to a year to settle an estate because of the legal notice requirements and time that creditors have to submit claims against the estate. Creditors have 90 days from the first publication date of the notice of probate.
As of 2020, the fee sits at 40 cents for every $100 worth of assets, with a maximum possible amount capped at $6,000.
North Carolina has no separate state estate tax, inheritance tax nor gift tax. Close the estate. Close the estate bank account after all debts are paid and assets are distributed. Once all claims against the estate have been satisfied, file a final accounting with the probate court and ask that the estate be closed.
If a person dies without a will, then North Carolina probate laws dictate how the decedent's assets are distributed. Probate isn't always required after someone dies; it depends on what assets the decedent owned.
While there is no set deadline for when an executor must settle an estate in North Carolina, as previously stated it can take several years for this to happen, the executor is responsible for meeting several key deadlines throughout probate proceedings.
State law allows for two years for the will to be entered into the court records. However, an heir may file sooner if the executor fails to file within 60 days of the death of the person.
The final accounting is a form filed with the court that summarizes the financial changes since the initial inventory. It won't list every transaction, although such records need to be kept, in case any questions arise.
If there is no will, then the estate can be distributed by an administrator under Letters of Administration. To make either application, the executor or administrator has to swear an oath or make a statement of truth to the effect that they will administer the estate in accordance with the law.
The executor can sell property without getting all of the beneficiaries to approve. However, notice will be sent to all the beneficiaries so that they know of the sale but they don't have to approve of the sale.
Executors must not unreasonably delay distributing the estate for their own gain or any other party. However, even after the executor's year, the court will not order a distribution of the estate if the executors can show there is good reason to wait.
