AOC-E-204 — Small Estate Affidavit

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NO PROBATE REQUIRED — This affidavit allows you to collect the decedent's personal property directly from banks, employers, and other institutions without opening a probate estate. You must wait at least 30 days after the date of death before presenting this affidavit. Estate value (personal property only) must be $20,000 or less. No real property may be transferred using this form.

01 AFFIANT INFORMATION (PERSON COLLECTING PROPERTY)

Your Full Name *

Relationship to Decedent *

Your Address *

Phone *

02 DECEDENT INFORMATION

Decedent Full Name *

County of Death / Residence *

Date of Death *

03 STATUTORY REQUIREMENTS (G.S. 28A-25-1)

At least 30 days have elapsed since the date of death of the decedent. *

The total value of the decedent's personal property does not exceed $20,000. No real property is included in this affidavit. *

No petition for the appointment of a personal representative is pending or has been granted in any jurisdiction. *

Approximate Total Estate Value (Personal Property Only) *

04 PROPERTY TO BE COLLECTED

List of Personal Property Items *

05 PERSONS ENTITLED TO SHARE

List All Heirs / Persons Entitled to the Estate *

06 INSTITUTIONS / COMPANIES TO PRESENT AFFIDAVIT TO

List Institutions Where Affidavit Will Be Presented *

07 SWORN STATEMENT / NOTARY ACKNOWLEDGMENT

Being duly sworn, the undersigned affiant states that the foregoing affidavit is true to the best of affiant's knowledge and belief, and that affiant is entitled to collect the property described above on behalf of the heirs of the decedent named above.

IMPORTANT: This affidavit must be signed before a Notary Public. The PDF generated below contains a notary acknowledgment block. Do not sign until you are in front of a notary.

AFFIANT SIGNATURE (sign before notary)

NOTARY PUBLIC SIGNATURE / STAMP

NOTARY COMMISSION EXPIRATION DATE

I acknowledge that I will sign this affidavit before a Notary Public and that all information provided is true and correct to the best of my knowledge. *

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STATUTORY REFERENCE

G.S. 28A-25-1Small estate affidavit

$20,000Max estate value

30 daysMandatory wait after death

Personal onlyNo real property allowed

AOC-E-204Official NC affidavit form

NO PROBATE NEEDED

This form bypasses full probate court proceedings entirely
Present the signed, notarized affidavit directly to banks, employers, and other institutions
Institutions must comply — they are protected from liability upon good-faith reliance
No attorney required — but consult one if estate value is close to $20,000 or if heirs dispute shares

ELIGIBILITY CHECKLIST

30+ days since date of death
Total personal property ≤ $20,000
No real estate / land involved
No probate estate has been opened
You are an heir or person entitled under NC intestate succession law

AFTER YOU GENERATE

Print the affidavit
Take it to a Notary Public — sign in their presence
Make copies — one for each institution
Present with a certified copy of the death certificate
File a copy with the Clerk of Superior Court (optional but recommended)

AOC-E-204 — Small Estate Affidavit (Collection of Personal Property)

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STATUTORY REFERENCE

NO PROBATE NEEDED

ELIGIBILITY CHECKLIST

AFTER YOU GENERATE