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Once signed and docHubd, the affidavits must be filed with the probate court in the county where the property is physically located. A certified copy of the death certificate and a copy of the will, if any, must be attached to each affidavit, along with title documents for real estate and other large assets.
Some of the important requirements include: The decedent died without a will. The decedent left less than $75,000 in property (not including homestead property and exempt property). The assets are worth more than the debts.
Filing the affidavit is a two step process. First, the affidavit is filed in the probate court in the county where the property is located, along with a certified copy of the death certificate, and the original will if there is one. Second, a certified copy of the affidavit must be recorded in the same county.
Probate is generally required in North Carolina only when a decedent owned property in their name alone. Assets that were owned with a spouse, for which beneficiaries were named outside of a will, or held in revocable living trusts, generally do not need to go through probate.
A small-estate affidavit is a procedure available under Arizona estate law that allows heirs and beneficiaries to bypass the probate process, which can be lengthy and expensive.
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For small estates, North Carolina has a simplified process which allows you to wrap up the estate without formal probate. This process applies to estates with personal property valued at $20,000, or $30,000 if the surviving spouse inherits everything under state law.
Under current Arizona law, small estates are defined as those in which the deceased owned less than $100,000 in real estate equity or less than $75,000 worth of personal property. For estates over this size, probate is typically required, and those estates will not be eligible for the small estate affidavit process.
- When a Person Dies with less than $50,000. When the person who died (the Decedent) had less than $50,000 of personal property then its considered a small estate, and is called a Voluntary Administration. It does not matter if the Decedent had a Will or not.
In North Carolina, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
If the person who died left a valid will, this will name one or more executors, and it is their responsibility to apply for probate. If there isnt a will, then inheritance rules called the rules of intestacy will determine whose responsibility it is to get probate.

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