NORTH CAROLINA ADMINISTRATIVE OFFICE OF THE COURTS — WILLS & ESTATES

AOC-E-202 — Application for Letters of Administration (Intestate)

For estates with NO will. Fill in your information below and download a court-ready PDF for filing with the Clerk of Superior Court.
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01 ATTORNEY INFORMATION
02 DECEDENT INFORMATION

This form is for estates WITHOUT a will (intestate). If the decedent left a will, use AOC-E-201 instead.

03 PETITIONER INFORMATION
04 HEIRS OF ESTATE
05 ESTIMATED ESTATE VALUE
TOTAL ESTATE VALUE $0.00
06 ESTATE DETAILS
07 QUALIFICATION STATEMENT
The petitioner affirms under penalty of perjury that the foregoing information is true and correct to the best of their knowledge and belief, and that the petitioner is legally entitled to qualify as administrator of this estate under G.S. 28A-4-1 and G.S. 28A-5-1.
FILING COUNTY
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FILING INFORMATION

  • File at Clerk of Superior Court in county where decedent resided
  • Filing fee: $120 (check with clerk — fees subject to change)
  • Administrator (no will) vs. Executor (with will) — different forms
  • You must qualify and take an oath before the Clerk before serving
  • Bond is usually required unless waived in writing by all heirs
  • Letters of Administration issued after qualification

PRIORITY ORDER (G.S. 28A-4-1)

  • 1st: Surviving spouse of the decedent
  • 2nd: Those who inherit under intestate succession
  • 3rd: Distributees named in a will (if one appears later)
  • 4th: Creditors of the decedent
  • 5th: Any other person of good character

APPLICABLE STATUTES

G.S. 28A-4-1 Persons qualified to serve as administrator
G.S. 28A-5-1 Appointment and qualification
G.S. 28A-2-1 Jurisdiction of Clerk
AOC-E-202 Application for Letters of Administration