Small Estate Affidavit (G.S. 28A-25-1) — NC Estate Form

← FORMVANA NC ESTATE FORMS VIEW ALL FORMS →

01AFFIANT (PERSON MAKING THIS AFFIDAVIT)

Affiant Full Name *

Relationship to Decedent *

Mailing Address *

City *

State

ZIP *

02DECEDENT INFORMATION

Decedent Full Name *

Date of Death *

County of Domicile *

Last 4 Digits of SSN

03VALUE CERTIFICATION

APPLICABLE STATUTORY LIMIT

$20,000

Standard limit for personal property (G.S. 28A-25-1)

Affiant is the SURVIVING SPOUSE and the SOLE HEIR — $30,000 limit applies (G.S. 28A-25-1(f))

Total Value of ALL Personal Property of the Decedent *

04ASSETS TO COLLECT

Asset Description	Institution / Holder	Approx. Value ($)

05REQUIRED CERTIFICATIONS (ALL MUST BE CHECKED)

No petition for appointment of a personal representative has been filed in this estate and none is pending *

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

The affiant is entitled to the described property as an heir, legatee, or successor of the decedent *

The total value of the personal property of the decedent does not exceed the applicable statutory limit *

06ALL HEIRS OF THE DECEDENT

Full Name	Relationship	Proportionate Share

07SWORN CERTIFICATION

I, the undersigned, state under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief. I understand that if I have willfully stated anything that is false, I may be subject to criminal penalties under G.S. 14-209 and civil liability. *

HOW THIS WORKS

No court filing required — present this affidavit directly to banks, DMV, brokerage firms, etc.
The holder is protected if they act in good faith reliance on this affidavit (G.S. 28A-25-1(c))
Must wait 30 days after death before presenting
Limit: $20,000 personal property; $30,000 if surviving spouse is sole heir
Real property (land) is NOT covered — only personal property
Have the affidavit notarized before presenting

STATUTORY REFERENCE

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

(a)(1)Personal property ≤$20K

(a)(2)30-day waiting period

(c)Holder's good-faith protection

(f)Spouse sole heir — $30K limit

WHAT QUALIFIES

Bank accounts, CDs, money market
Vehicles (present to NCDMV)
Brokerage / investment accounts
Life insurance payable to estate
Personal property, jewelry, collectibles
NOT real estate / real property

AFTER GENERATING

Print and sign before a notary public
Present to each institution with a copy of the death certificate
Keep a certified copy for your records
Each institution may have its own internal forms — ask for them too

Affidavit for Collection of Personal Property (Small Estate)

HOW THIS WORKS

STATUTORY REFERENCE

WHAT QUALIFIES

AFTER GENERATING