North Carolina probate guide

Probate process in North Carolina

In North Carolina the Clerk of Superior Court — not a judge — administers probate. The small-estate affidavit (AOC-E-203B) covers personal-property estates of $20,000 or less ($30,000 if the surviving spouse is sole heir) with a $120 filing fee. North Carolina also charges an estate-assessment fee of $0.40 per $100 of gross assets, capped at $6,000. North Carolina does NOT have a real-property TOD deed statute.

North Carolina probate at a glance

Court
Clerk of Superior Court (Estates Division)
Typical timeline
30–52 weeks
Filing fee
$120–$6000
Small-estate threshold
$20,000
TOD deed allowed?
No
Bond required by default?
Yes (unless waived)
Statute
N.C. Gen. Stat. Ch. 28A; Art. 25 (small estates)

Source: www.nccourts.gov. Fees and thresholds change — verify with your county court before filing.

How North Carolina probate works, step by step

  1. 1File application for letters or small-estate affidavit with the Clerk
  2. 2Clerk qualifies fiduciary and issues letters
  3. 3Publish notice to creditors; 90-day claim period runs
  4. 4File inventory within three months and pay debts and taxes
  5. 5File annual and final account to close the estate

Probate by county in North Carolina

Filing fees, court contacts, and process detail for 3 North Carolina counties:

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This page is informational and is not legal advice. Probate procedure varies by county and changes over time. Consult a licensed North Carolina probate attorney for advice specific to your situation.