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In North Carolina, managing the estate of a deceased loved one can be a complex process, especially when it comes to settling small estates. The North Carolina Small Estate Affidavit form offers a streamlined approach for heirs to claim assets without the need for formal probate proceedings. This form is designed for estates where the total value of the assets does not exceed a certain threshold, making it an efficient option for families navigating the loss of a family member. Key aspects of the form include the requirement for the affiant to be an heir or a beneficiary, the necessity to provide a detailed list of the decedent's assets, and the affirmation that no probate proceedings have been initiated. Additionally, the affidavit must be filed with the clerk of court in the county where the decedent resided, ensuring that the process is both transparent and legally binding. Understanding the intricacies of this form is crucial for those looking to expedite the distribution of assets and fulfill the final wishes of the deceased.
Sample - North Carolina Small Estate Affidavit Form
North Carolina Small Estate Affidavit
This document is prepared in accordance with the North Carolina General Statutes §28A-25-1, specifically designed for the expedited handling of estates considered as "small" under state law.
Section 1: Decedent Information
Full Name of Decedent: _________________________________
Date of Death: _________________________________
County of Legal Residence at Time of Death: _________________________________
Did the Decedent Leave a Will? (Yes/No): _________________________________
If yes, provide the date of the Will: _________________________________
Was the Will probated? (Yes/No): _________________________________
Section 2: Affiant Information
Full Name of Affiant: _________________________________
Relationship to Decedent: _________________________________
Mailing Address: _________________________________
Telephone Number: _________________________________
Email Address: _________________________________
Section 3: Qualifications
By signing this affidavit, the affiant attests to the following:
- The total value of the decedent's personal property, excluding liens and encumbrances, does not exceed the statutory limit set forth by North Carolina law.
- At least 30 days have elapsed since the death of the decedent.
- No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.
- All known debts and taxes of the estate have been paid or will be paid by the affiant.
- The affiant is lawfully entitled to collect the property of the decedent and distribute it to the lawful successors in accordance with North Carolina law.
Section 4: Description of Property
List all the personal property items to be collected through this affidavit, including but not limited to bank accounts, stocks, bonds, vehicles, and other tangible assets. Attach additional sheets if necessary.
Description of Property: _________________________________
Estimated Value: _________________________________
Section 5: Successors
List the name(s) and address(es) of the successor(s) entitled to the property, their relationship to the decedent, and the portion of the estate each will receive.
Name: _________________________________
Relationship: _________________________________
Address: _________________________________
Portion of Estate: _________________________________
Section 6: Declaration and Signature
I, _________________________________, affirm under penalty of perjury that the information provided in this affidavit is true and accurate to the best of my knowledge and belief. I understand that providing false information in this document can result in penalties under the law.
Date: _________________________________
Signature of Affiant: _________________________________
Notary Public Acknowledgment
State of North Carolina
County of _________________________________
On this day, _______________________, before me, _________________________________ (name of notary), personally appeared _________________________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal.
Date: _________________________________
Signature of Notary: _________________________________
Seal:
File Specs
| Fact Name | Details |
|---|---|
| Purpose | The North Carolina Small Estate Affidavit allows heirs to claim assets of a deceased person without going through formal probate. |
| Eligibility | This form is applicable when the total value of the deceased's estate is $34,000 or less, excluding certain exempt property. |
| Governing Law | The use of the Small Estate Affidavit is governed by North Carolina General Statutes § 28A-25-1. |
| Filing Requirements | Heirs must provide identification and, in some cases, a death certificate when submitting the affidavit to claim assets. |
| Time Frame | The affidavit must be filed within three years of the deceased's death to be considered valid. |
| Asset Types | Common assets claimed using this affidavit include bank accounts, personal property, and vehicles. |
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Nc Authentication Office - A binding acknowledgment, overseen by a notary, that a person has willingly signed a document.