North Carolina Probate Forms: Complete List and When to Use Each One

You've been named executor. You go to the NC Courts website and find dozens of AOC-E forms with cryptic numbers. Which ones do you actually need? When do you file each one? And what happens if you use the wrong form?

Here's every major North Carolina probate form, organized by when you'll need it in the process.

Starting the Estate: Filing Forms

AOC-E-201 — Application for Probate and Letters Testamentary. This is your starting point when the deceased left a will. You file this with the Clerk of Superior Court in the county where the deceased lived. Bring the original will, a certified death certificate, and $120 in filing fees (certified check or money order only — no personal checks).

AOC-E-202 — Application for Letters of Administration. Use this instead of AOC-E-201 when there is no will. Same filing process, same court, same fees.

AOC-E-400 — Oath or Affirmation. Every personal representative must swear this oath before the clerk grants authority. It's part of the initial appointment process.

AOC-E-500 — Appointment of Resident Process Agent. Required only if the executor lives outside North Carolina. You must designate a NC resident to accept legal papers on behalf of the estate.

AOC-E-403 — Letters Testamentary or Letters of Administration. You don't fill this out — the clerk issues it to you after approving your application. This is the document banks, brokerages, and insurance companies demand before releasing funds. Order multiple certified copies.

During Administration: Management Forms

AOC-E-505 — Inventory for Decedent's Estate. Due within 90 days of your qualification. Lists every piece of personal property in the estate at its fair market value as of the date of death. Real estate is excluded from this inventory — it vests immediately in the heirs under NC law.

AOC-E-405 — Notice to Creditors. Mailed directly to all known creditors. You must also publish a general notice in a local newspaper once a week for four consecutive weeks.

AOC-E-307 — Affidavit of Notice to Creditors. Filed after the newspaper publication is complete. Proves to the clerk that you fulfilled the notice requirement.

Closing the Estate: Final Forms

AOC-E-506 — Account (Annual or Final). The most demanding form in the entire process. Due within one year of qualification. Documents every receipt, disbursement, gain, and loss. The clerk audits this with original receipts and beneficiary signatures.

Simplified Procedure Forms

AOC-E-203B — Affidavit for Collection of Personal Property. For estates under $20,000 in personal property ($30,000 if the surviving spouse is sole heir). Requires a 30-day waiting period after death. Much faster than full administration.

AOC-E-204 — Affidavit of Collection, Disbursement, and Distribution. The closing form for the small estate affidavit process. Due within 90 days of the AOC-E-203B approval.

AOC-E-100 — Petition and Assignment Year's Allowance. Allows the surviving spouse to claim up to $60,000 in personal property, which takes priority over almost all creditor claims.

AOC-E-905 — Application for Probate and Petition for Summary Administration. Available when the surviving spouse is the sole beneficiary. No dollar cap, but the spouse assumes all debts.

Filing Through eCourts

North Carolina's eCourts system, now live in all 100 counties, offers two digital filing options:

Guide & File is free and available to everyone, including self-represented individuals. It works like tax-preparation software — you answer questions, and the system generates formatted forms. It covers small estates, Year's Allowance petitions, and summary administration.

File & Serve is the mandatory electronic filing portal for attorneys. If you've hired a probate lawyer, they'll file through this system.

Even with Guide & File, the system generates the forms but won't tell you which procedure to choose or in what order to complete your fiduciary duties. That strategic guidance is what you'll need to figure out separately — the clerk's office is legally prohibited from advising you on strategy.

The North Carolina Probate Process Guide maps every form to its place in the timeline, so you know exactly what to file, when, and what supporting documents to attach.

Forms You Might Also Need

AOC-E-902 — Civil Contempt Order. You don't want to see this one. The clerk issues it when a personal representative misses deadlines — particularly the 90-day inventory filing. It can result in revocation of your Letters.

MVR-317 — Affidavit of Authority to Assign Title. Filed with the NC Division of Motor Vehicles (not the court) to transfer vehicle titles when no formal estate has been opened and vehicles are worth $5,000 or less total.

All AOC-E forms are available free at nccourts.gov under Documents & Forms. Make sure you're using the current version — the Administrative Office of the Courts updates forms regularly to reflect legislative changes.

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