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A small estate affidavit is a form one can complete to speed settlement of a small estate through probate. It eliminates the need for a spouse or family members to go through a formal probate process supervised by the courts in the distribution of a loved one's property to creditors and heirs.
A North Carolina small estate affidavit is a document that allows an individual to petition for all or a portion of a deceased person's estate. The petitioner, or affiant, can only use this affidavit if they have a lawful claim to the estate.
The executor can sell property without getting all of the beneficiaries to approve. However, notice will be sent to all the beneficiaries so that they know of the sale but they don't have to approve of the sale.
What this means to you is that the heirs must be a party to the Listing Agreement and Purchase Agreement in order to have valid agreements. Without having the heirs sign the agreement, any heir can come in at any time and kill the deal.
State law allows for two years for the will to be entered into the court records. However, an heir may file sooner if the executor fails to file within 60 days of the death of the person.

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You will apply to be a \u201cCollector\u201d with the Clerk of Court in the county where your loved one resided. In order to apply, you will need to produce a death certificate, will (if one exists), and a general inventory of money, assets, and personal property in the estate and their values.
What is a \u201cSmall Estate\u201d? North Carolina considers \u201csmall estates\u201d to be any estate valued at less than $20,000.00 (or $30,000.00 if the only beneficiary is a surviving spouse). You do not have to count real property or certain retirement accounts and life insurance policies if they already include a named beneficiary.
A North Carolina small estate affidavit is a document that allows an individual to petition for all or a portion of a deceased person's estate. The petitioner, or affiant, can only use this affidavit if they have a lawful claim to the estate.
North Carolina considers \u201csmall estates\u201d to be any estate valued at less than $20,000.00 (or $30,000.00 if the only beneficiary is a surviving spouse). You do not have to count real property or certain retirement accounts and life insurance policies if they already include a named beneficiary.
The executor must pay all debts owed by the estate, from the estate's funds. The executor may sell property to pay debts.

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