Certain forms must be filed before an individual may begin serving as executor or administrator of an estate in North Carolina. Probate is a legal procedure involving specific requirements, procedures, and deadlines. When an individual assumes the role of executor, they are accepting personal liability for their actions. A consultation with a probate attorney may help an individual decide whether or not they are willing to take on the responsibilities. If the individual is ready to move forward, the first forms they should review include:
Estate Procedures for Executors. The North Carolina Administrative Office of the Courts publishes this 18-page guide for estate administration, which details the process for probate.
Letters Testamentary. Application for Probate and Letters (Form AOC-E-201) - For the executor named in a will.
Letters of Administration. Application for Letters of Administration (Form AOC-E-202) - For personal representatives or administrators of estates where the decedent did not have a will.
In addition to the forms above, executors should also consider other initial administrative efforts, including how their state of residence may affect administration and particular issues that may surface during the probate process. Our probate attorneys in Chapel Hill prepared detailed posts about these subjects, and the posts remain some of the most popular on our site. Please bookmark them and share them with loved ones who are or may be called upon to administer an estate:
- First steps for executors. This post provides a starting point for individuals starting the probate process in North Carolina.
- Out-of-state executor. An individual is not legally required to reside in North Carolina to administer an estate here. However, special estate procedures are required for non-resident executors, and this post explains the requirements.
- Legal Library. Our probate firm maintains an ever-expanding online resource on trust and estate administration matters. The probate section currently includes guides for executors on tax issues, fiduciary duties, commissions, accessing safe deposit boxes, and more. The library is free to access and new guides are regularly added.