Quick answer: file Form AOC-E-203B with the Clerk of Superior Court once net personal property is at or under $20,000 (or $30,000 for a sole surviving spouse), at least 30 days after death, per N.C.G.S. § 28A-25-1. Check whether an estate qualifies with the North Carolina small estate checker.
Step by step
- Wait 30 days from the date of death. The affidavit can't be filed any earlier, regardless of how simple the estate is.
- Confirm no personal representative is pending. If anyone has already applied for, or been granted, letters testamentary or of administration anywhere, this route isn't available.
- Total the personal property, net of liens. Bank accounts, vehicles, personal belongings — real estate never enters this calculation.
- Complete Form AOC-E-203B and file it with the Clerk of Superior Court in the county of the decedent's domicile.
- Present certified copies to banks, DMV, and other asset holders to actually collect the property.
- Pay in the right order. Year's allowances first, then debts by statutory priority, then any remainder to heirs or devisees.
- File the follow-up affidavit of collection, disbursement, and distribution, generally within 90 days, unless the clerk grants more time for good cause.
What it costs
A modest filing fee applies at the Clerk of Superior Court, which varies somewhat by county, plus certified copy fees for each institution that needs one. There's no statewide attorney requirement, though disputes over debts, unclear heirship, or a contested creditor claim are common reasons families bring one in anyway.
Form AOC-E-203B is filed with the Clerk of Superior Court in the decedent's home county — Mecklenburg, Wake, Guilford, and Forsyth among the largest — though the process is identical statewide.
A local probate attorney can review your estate — many offer a free consultation.