Free North Carolina Small Estate Affidavit

Complete North Carolina's official AOC-E-203B Affidavit For Collection Of Personal Property Of Decedent for estates up to $20,000. N.C.G.S. §§ 28A-25-1, 28A-25-1.1.

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Your Information

The North Carolina affidavit identifies the claiming successor and the basis of entitlement.

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About North Carolina Small Estate Affidavits

Yes — AOC-E-203B Affidavit For Collection Of Personal Property Of Decedent. This tool completes the official form with the estate, successor, and property details.

$20,000 — or $30,000 when the surviving spouse is the sole successor, per N.C.G.S. §§ 28A-25-1, 28A-25-1.1. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

30 days after the death (N.C.G.S. §§ 28A-25-1, 28A-25-1.1). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

Intestate: the public administrator appointed under G.S. 28A-12-1, or an heir or creditor of the decedent, not disqualified under G.S. 28A-4-2 (§ 28A-25-1(a)). Testate: the public administrator, a person named or designated as executor in the will, a devisee, heir, or creditor of the decedent, not disqualified (§ 28A-25-1.1(a)). A surviving spouse who is the sole heir or devisee may use the higher $30,000 limit (after reduction for any G.S. 30-15 spousal allowance). N.C.G.S. §§ 28A-25-1(a), 28A-25-1.1(a).

Filed in the office of the clerk of superior court of the county of domicile before any assets are collected, with the fee provided in G.S. 7A-307; the clerk indexes the affidavit in the index to estates and mails a copy to the persons entitled to the property (§ 28A-25-1(b)). Holders pay or deliver upon presentation of a certified copy of the filed affidavit. Within 90 days the affiant must file the final Affidavit of Collection, Disbursement and Distribution (AOC-E-204) under § 28A-25-3(a)(2).

The North Carolina affidavit is signed before a notary (AOC-E-203B oath block (notary or clerk of superior court personnel may administer)).

The person paying, delivering, transferring, or issuing personal property pursuant to a qualifying affidavit is discharged and released to the same extent as if the person dealt with a duly qualified personal representative, and is not required to see to the application of the property or inquire into the truth of any statement in the affidavit; refusal to honor the affidavit can be compelled by action, with court costs and attorney fee taxed against the refusing party (§ 28A-25-2). The collecting heir or creditor remains answerable to any duly qualified personal representative or person with an interest in the estate.

Personal property only — real property is not collected by the affidavit, though the affidavit must describe each tract of real property the decedent owned (§ 28A-25-1(a)(8)). Real property remains available for debts and claims (G.S. 28A-15-1); if real property must be sold, leased, or mortgaged to pay claims, the affiant petitions the clerk for appointment of a personal representative (§ 28A-25-3(b)). N.C.G.S. §§ 28A-25-1(a)(8), 28A-25-3(b).

Small Estate Collection in North Carolina

North Carolina publishes an official form for the collection of property by affidavit — AOC-E-203B Affidavit For Collection Of Personal Property Of Decedent — and the successor completes it. The completed affidavit collects the decedent's property without opening probate.

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $20,000 (rising to $30,000 when the surviving spouse is the sole successor), per N.C.G.S. §§ 28A-25-1, 28A-25-1.1. The affidavit can be signed 30 days after the death.

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Free North Carolina Small Estate Affidavit

Complete North Carolina's official AOC-E-203B Affidavit For Collection Of Personal Property Of Decedent for estates up to $20,000. N.C.G.S. §§ 28A-25-1, 28A-25-1.1.

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Frequently Asked Questions About North Carolina Small Estate Affidavits

Yes — AOC-E-203B Affidavit For Collection Of Personal Property Of Decedent. This tool completes the official form with the estate, successor, and property details.

30 days after the death (N.C.G.S. §§ 28A-25-1, 28A-25-1.1). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

The North Carolina affidavit is signed before a notary (AOC-E-203B oath block (notary or clerk of superior court personnel may administer)).

Small Estate Collection in North Carolina

Free North Carolina Small Estate Affidavit

Your Information

Frequently Asked Questions About North Carolina Small Estate Affidavits