Short answer. Up to $20,000; 30 days after the death; notarized; through a court office.
At a glance
- Limit
- Personal property worth up to $20,000, less liens and encumbrances; $30,000 when the affiant is the surviving spouse and sole heir (after any spousal allowance). The affidavit also lets the motor vehicle title be transferred. The affidavit collects personal property; it lists any real property the person owned only to identify it, and selling, leasing or mortgaging real estate needs a personal representative appointed by the clerk.
- Wait after death
- Thirty days after the death.
- Notary
- The court form is sworn before a notary or someone authorized to give oaths at the clerk's office.
- Where it goes
- A copy is filed with the clerk of superior court in the county of domicile, with the fee, before any assets are collected.
- Official form
- AOC-E-203B, Affidavit for Collection of Personal Property of Decedent. The state Judicial Branch form for deaths on or after January 1, 2012. Open it
- Simplified procedure
- Payment to the clerk (28A-25-6), and the affidavit after a will is probated (28A-25-1.1). A debtor may pay up to $5,000 to the clerk of superior court when no administrator is appointed. When there's a will, a similar affidavit (same $20,000 or $30,000 limits) is used after the will is probated.
- Surviving spouse
- The limit is $30,000 when the affiant is the surviving spouse and sole heir.
In the official wording
Limit
"not exceeding twenty thousand dollars ($20,000) in value"
Wait
"at any time after 30 days from the date of death"
Notary
"SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME"
Where it goes
"in the office of the clerk of superior court"
Spouse
"shall not exceed thirty thousand dollars ($30,000) in value"
Get it notarized online today
Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email
A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment.
What you need
- A valid government photo ID
- A computer or phone with a camera
- The unsigned document
Our certificate states the act was performed using communication technology, as New Jersey law requires. What it must say
Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. What to ask them · Several signers
Three example estates
For a death on November 13, 2025, the stated limit gives:
- $5,000: under the stated limit. See why
- $18,000: under the stated limit. See why
- $30,000: over the general limit; under the spouse limit. See why
Your own numbers: open the checker for this state.
Worth knowing
Last amended in 2021 (S.L. 2021-71).
Where an affidavit has to be notarized or sworn: MCC Solutions notarizes in New Jersey, with a mobile notary who comes to you and remote online notarization. Elsewhere, a local notary can help. Family far from the estate? Our estate paperwork help sends a local runner or notary to order records, pick up papers and get the affidavit signed, in any state.
Official sources
- N.C.G.S. 28A-25-1, Collection of property by affidavit (North Carolina General Assembly) (checked November 2026)
- NC Judicial Branch form AOC-E-203B, Affidavit for Collection of Personal Property of Decedent (rev. 5/12) (checked November 2026)
- N.C.G.S. Chapter 28A, Article 25, Small estates (North Carolina General Assembly) (checked November 2026)
General information, not legal advice; we are not lawyers. Each holder may still ask for its own form, and a lawyer can confirm whether the estate qualifies.
Common questions
What is the small estate limit in North Carolina?
Up to $20,000. Personal property worth up to $20,000, less liens and encumbrances; $30,000 when the affiant is the surviving spouse and sole heir (after any spousal allowance). The affidavit also lets the motor vehicle title be transferred. The affidavit collects personal property; it lists any real property the person owned only to identify it, and selling, leasing or mortgaging real estate needs a personal representative appointed by the clerk.
How long after a death can the North Carolina affidavit be used?
30 days. Thirty days after the death.
Does a North Carolina small estate affidavit need a notary?
Yes. The court form is sworn before a notary or someone authorized to give oaths at the clerk's office.
Is it filed with a court in North Carolina?
Yes. A copy is filed with the clerk of superior court in the county of domicile, with the fee, before any assets are collected.
Can real estate pass this way in North Carolina?
Not by this affidavit. Payment to the clerk (28A-25-6), and the affidavit after a will is probated (28A-25-1.1): A debtor may pay up to $5,000 to the clerk of superior court when no administrator is appointed. When there's a will, a similar affidavit (same $20,000 or $30,000 limits) is used after the will is probated.
Is there anything for a surviving spouse in North Carolina?
The limit is $30,000 when the affiant is the surviving spouse and sole heir.
All states: small estate affidavit by state · New Mexico · North Dakota · Small estate affidavit: signing and notary checks