[NC] How can I handle a small estate without a will or personal representative when all heirs live out of state?

NC Estate Probate

My niece died last month in Raleigh, NC. Her family lives in Montana. I am her aunt, her parents have asked me to help close her estate. To date the financial info I find indicates an estate of less than $20,000. What do I need to do next?

February 3, 2026

Legal Eagle

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Here’s the step-by-step process in numbered form for North Carolina small estate handling: (NC Gen Stat § 28A(25)(1-7))

Wait at least 30 days from your niece’s date of death.
Obtain a certified copy of her death certificate.
Download and complete Form AOC-E-203B (Affidavit for Collection of Personal Property of Decedent) from the NC Courts website. List all her assets (bank accounts, IRA, HSA, 401k, etc.) and her heirs (her parents).
File the affidavit with the Wake County Clerk of Superior Court (since she lived in Raleigh), along with the death certificate and a small filing fee.
Once the clerk approves and issues the certified affidavit, take it to each financial institution (banks, Fidelity, HSA provider) to collect and close her accounts.
Transfer the funds to her heirs (her parents) and keep a simple record of what was collected and distributed.

This affidavit gives you the legal authority to close her accounts without having to be formally appointed as a personal representative.

Small Estate Affidavit

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Lexi, Chatbot

I'm so sorry to hear about your niece's passing; that must be a difficult time for you and your family. Have you already located her will or any estate planning documents?

There was no will and no estate planning documents. Also no designation of a personal representative. I have been asked by the family to do what i can to resolve her estate.

Lexi, Chatbot

Are there any outstanding debts or obligations associated with her estate that you are aware of?

No, it appears her credit card and power bill were paid by auto pay from her NC bank account. I haven't found any other evidence of debt.

Lexi, Chatbot

Is there anything else the Estate Lawyer should know before I connect you? Rest assured they'll be able to help with your niece's estate.

No will, no PR appointment, estimated estate under $20,000, no debts I can find. No real estate, she had signed her car title to a friend, no other assets I know of. Her furniture and personal belongings were donated to Salvation Army.

Legal Eagle

Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation! Did your niece have any remaining funds in her North Carolina bank account, and if so, do you know the current balance or whether you’ve been able to access those funds?

I have not been able to access the funds, there is a checking account with about $1800, and a savings account with about $8000. I have her computer and passwords. Can i transfer the money to her parents account? How do i close these accounts? Also I have determined she has a Fidelity IRA and an HSA with a balance in the range of $4,000. There also may be a 401k, but at this point I have no solid number, but it may be about $1300. Also small checking acct in MT $80.

Legal Eagle

Ok thanks! Just a few more questions. Have you been in contact with the financial institutions holding your niece's accounts to inquire about their policies for accessing funds in the absence of a will?

Yes, and I'm pretty much stopped without a PR designation or a court designation of some kind. This is what I'm looking for, how do I close her accounts and get the money to her parents?

Legal Eagle

Understood! So you're just wondering what you need to do here, correct?

That is correct. How do I get the proper authority to act on her behalf?

Legal Eagle

Ok! I just need a little time to draft up a high-quality answer.

Yes, that is fine. I have had a PR designation for two prior estates so I have a little experience with this. But, do I even need a PR designation in this situation? How do i get authority to close the accounts and take care of other business?

Legal Eagle

I'm so sorry about your loss. You can do a small estate affidavit even if everyone lives in Montana. North Carolina offers several options for handling small estates

My brother and his wife live and I live in Montana.

Legal Eagle

Even if they live there, because she lived in NC, that is where you have to start probate.

So, step by step, what do I do?

Legal Eagle

Here’s the step-by-step process in numbered form for North Carolina small estate handling: (NC Gen Stat § 28A(25)(1-7))

Wait at least 30 days from your niece’s date of death.
Obtain a certified copy of her death certificate.
Download and complete Form AOC-E-203B (Affidavit for Collection of Personal Property of Decedent) from the NC Courts website. List all her assets (bank accounts, IRA, HSA, 401k, etc.) and her heirs (her parents).
File the affidavit with the Wake County Clerk of Superior Court (since she lived in Raleigh), along with the death certificate and a small filing fee.
Once the clerk approves and issues the certified affidavit, take it to each financial institution (banks, Fidelity, HSA provider) to collect and close her accounts.
Transfer the funds to her heirs (her parents) and keep a simple record of what was collected and distributed.

This affidavit gives you the legal authority to close her accounts without having to be formally appointed as a personal representative.

I filled out the form when i first came on the site. Do I have a way to print that? I understand I have to have it notarized and that I need to send it and a death certificate someplace, where do I send it? Is there a fee involved, will they take a check? Or, how can I submit the paperwork? Is there a way to do it online?

Legal Eagle

Sure thing! You can print the affidavit form directly from the North Carolina Courts website or pick one up from the Wake County Clerk of Superior Court. Once you complete it, you’ll need to have it notarized before filing.

You then take or mail the notarized form along with a certified copy of the death certificate to the Wake County Clerk of Superior Court – Estates Division in Raleigh, since that’s where your niece lived.

There is a small filing fee, usually around $120, and the clerk’s office will accept payment by check or money order made out to the Clerk of Superior Court. At this time, North Carolina does not allow you to file the small estate affidavit online, so it has to be done in person or by mail.

Hopefully I am good to go, thank you for your help. It is 30+ days since she died. I have certified copies of death certificate. I'll proceed with the rest of the instructions. I appreciate your assistance.

Legal Eagle

For sure! Did I thoroughly address your question? Did I provide top-tier service to you? If the answer is no to either, please let me know so I can help! I know it's a lot.

You addressed my question, service was top-tier. I just hope I can follow through and get this accomplished. The main thing is that I do not need PR designation to do this, so that helps.

Legal Eagle

You bet. I'm sorry to hear about your situation.

Legal Eagle

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