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NC · Clerk of Superior Court

North Carolina

Small-estate-affidavit threshold and procedure under § N.C.G.S. § 28A-25-1.

Verified 2026-05-04
Personal property
$20,000
statutory cap
30-day wait

Non-spouse heirs (intestate) under § 28A-25-1.

Surviving spouse, sole heir
$30,000
spouse-tier cap
30-day wait

Surviving spouse and sole heir, after spousal allowance reduction.

01

Who is eligible to file

North Carolina also has a higher cap when the surviving spouse is the sole heir, after the spousal allowance is applied:

  • Surviving spouse, when sole heir — files at the spouse-tier cap
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under North Carolina's intestate-succession statute
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: Non-spouse heirs (intestate) under § 28A-25-1.

Personal property
Waiting period
State requires 30 days to elapse from date of death (personal-property path) before filing.
Surviving spouse, sole heir
Waiting period
State requires 30 days to elapse from date of death (spouse-tier path) before filing.
Real property
Excluded — personal property only

The small-estate-affidavit pathway in this state excludes real property. Real-property transfers require a different procedure (often regular probate).

03

Where to file

File with the Clerk of Superior Court in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The North Carolina judicial system operates an authoritative court locator.

Find your county’s Clerk of Superior Court via the North Carolina judicial council website. Search for “North Carolina Clerk of Superior Court county locator” or visit the state government court directory.

04

Form & statute

Forms
  • AOC-E-203B Affidavit for Collection (intestate)
  • AOC-E-203A Affidavit (testate)
Statutes