- Probate value
- Net value (Fair Market Value less secured and unsecured debt).
- Small Estate Affidavit
- An executor, heir or creditor may file an Affidavit For Collection of Property of Decedent if the value of personal property, less liens, does not exceed $10,000 and no application is pending for the appointment of an estate representative. If a surviving spouse, the value may not exceed $20,000.Once the distribution of assets is done, an Affidavit of Collection must fe filed with the court.
- Summary Administration
- The surviving spouse of someone who died with or without a will may file an Order of Summary Administration of the surviving spouse is the only heir. If the sale of real property is necessary or desirable, a normal administration may be necessary. The surviving spouse agrees to assume all of the debt of the deceased.
- Surviving spouse procedure
- See Summary Administration.
- Ancillary Probate
- N/A
- Statutory Attorney Fees
- Reasonable fees.
- Statutory Executor Fees
- Reasonable fees.
- Probate Court Costs
- Probate fees are 40¢ per $100.00 of property subject to court. Costs of probate are limited by statute to $6,000.
- Do It Yourself Support
- An individual can complete probate forms and file the forms with the court.
- Probate Statutes
- Chapters 28, 31 and 47 of North Carolina General Statute. Go to http://www.ncga.state.nc.us/gascripts/Statutes/StatutesSearch.asp?searchScope=All&searchCriteria=probate&returnType=Chapter and search for these chapters.
- Special Notes
- Probate court is called the Probate Court.
