Application For Probate And Petition For Summary Administration

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Application For Probate And Petition For Summary Administration is a commonly used form within North Carolina. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Application For Probate And Petition For Summary Administration

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For Probate And Petition For Summary Administration:

• This form pertains to the State of North Carolina

• The current version of this form was last revised on September 3, 2021

• The relevant probate statute or North Carolina laws related to this form include: Ch. 28A Art. 28

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about North Carolina’s Form AOC-E-905 - Application For Probate And Petition For Summary Administration up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct North Carolina form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some North Carolina probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form AOC-E-905, take a break, and then review. Probate and estate settlement processes in NC are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form AOC-E-905 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form AOC-E-905 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Application For Probate And Petition For Summary Administration to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in North Carolina.

5 reasons you should submit AOC-E-905 as quickly as possible:

1. The sooner you begin, the faster North Carolina can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in North Carolina. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of North Carolina is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for North Carolina probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local North Carolina probate clerk or court for exact answers regarding Form AOC-E-905, and when in doubt— consult a qualified trust & estates lawyer for that area.

Application For Probate And Petition For Summary Administration is one of the many probate court forms available for download through Atticus.

It may also be available through some North Carolina probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within North Carolina.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form AOC-E-905 - Application For Probate And Petition For Summary Administration f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the North Carolina probate court office.

Application For Probate And Petition For Summary Administration is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any North Carolina-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on North Carolina Form AOC-E-905 - Application For Probate And Petition For Summary Administration. You can use this to get an idea of the context of the form and what type of information is needed.

G.S. Ch. 28A, Art. 28 Name And Address Of Decedent Date Of DeathDate Of Will And Codicil(s), If Any Date Of Marriage Legal Residence (County, State) Name And Address Of Attorney Name And Mailing Address Of Applicant County Of Domicile At Time Of Death Place Of Death (if different from County Of Domicile) Place Of Marriage (if different from County Of Domicile) File No. Name And Address Of Executor Or Coexecutor Of Will (if different from Applicant) File No. In The General Court Of Justice Superior Court Division Before The Clerk IN THE MATTER OF THE ESTATE OF STATE OF NORTH CAROLINA County I, the undersigned, apply for probate of the paper writing(s) purporting to be the decedent’s Last Will and Testament and codicil(s), dated as shown above. (NOTE: Check one of the following:) The original will and codicil(s) is already on file in the office of the Clerk of Superior Court. The original will and codicil(s) is attached. A certified copy of the will and codicil(s) is attached. Upon admission of the will to probate, and upon the recording of a certified copy of said will in each county in which is located any real estate or portion of real estate wholly or partially owned by the decedent, which recording I do hereby certify, I further petition the Court for an Order Of Summary Administration of the above estate. In support of this Application and Petition, being first duly sworn or affirmed, I say that: 1. The decedent was domiciled in this county at the time of the decedent’s death. 2. I am the surviving spouse of the decedent, and I am the sole devisee and sole heir of the decedent. There is no other devisee or heir under the will. 3. The will does not prohibit summary administration. All property passing under the will, if any, goes directly to me and is not in trust. No application or petition for appointment of a personal representative is pending or has been granted in this state. 4. The decedent did did not own an interest in real estate, wholly or partially, at the time of the decedent’s death. A complete legal description, sufficient to specifically identify each tract of such real property, is attached. 5. The decedent did did not own an interest in personal property at the time of the decedent’s death. A complete description of the nature of decedent’s personal property, the location and probable value of said property, to the extent that these facts are known or can with reasonable diligence be ascertained, is on the reverse. (NOTE: See the instructions in form AOC-E-201 Instructions.) 6. To the extent of the property received by me under the will of the decedent, I assume all liabilities of the decedent that were not discharged by reason of death, and I assume liability for all taxes and valid claims against the decedent or the estate, as provided in G.S. 28A-28-6. 7. A copy of this Petition has been personally delivered or sent by first class mail by me to the last known address, as listed above, of any executor or coexecutor named by the will, other than me. NOTE TO CLERK: This Application and Petition requires a three step process. First, the admission of the will to probate; second, the issuance of certified copies of the probated will, which the applicant must then file in each county in which any portion of the real estate is located; and third, processing the Petition For Summary Administration. For the convenience of the parties, the application and petition are collapsed onto one form. (Over) NOTE TO APPLICANTS: The decision to apply for summary administration rather than regular administration may have significant legal ramifications. Applicants are advised to seek legal counsel. APPLICATION FOR PROBATE AND PETITION FOR SUMMARY ADMINISTRATION AND ADDENDUM (AOC-E-309) AOC-E-905, Rev. 8/21 © 2021 Administrative Office of the Courts INVENTORY (Give values and descriptions as of date of decedent’s death. Continue on separate attachment if necessary.) 1. Accounts solely in the name of decedent (List bank, etc., account type, and balance. Do not list account nos.) 1. Joint accounts with right of survivorship (List bank, etc., account type, balance, and joint owners. Do not list account nos.) 2. Stocks/bonds/securities registered in beneficiary form and immediately transferred on death or jointly owned with right of survivorship 2. Joint accounts without right of survivorship (List bank, etc., account type, balance, and joint owners. Do not list account nos.) 13. Estimated annual income of Estate 10. Notes, judgments, and other debts due decedent 11. Miscellaneous personal property 12. Real estate willed to the Estate 9. Insurance, Retirement Plans, IRAs, annuities, etc., payable to Estate 8. Interests in partnership or sole proprietor businesses 7. Vehicles 6. Farm products, livestock, equipment, and tools 5. Household furnishings 4. Cash and undeposited checks on hand 3. Other personal property recoverable (G.S. 28A-15-10) 4. Real estate owned by decedent and not listed elsewhere 3. Stocks/bonds/securities solely in the name of decedent or jointly owned without right of survivorship % Owned By Decedent Market Value $ $ $ $ PART I. PROPERTY OF THE ESTATE TOTAL PART I. $ TOTAL PART II. PART II. PROPERTY WHICH CAN BE ADDED TO ESTATE IF NEEDED TO PAY CLAIMS PART III. OTHER PROPERTY 1. There is is not entireties real estate owned by decedent and spouse. 2. There are are not Insurance, Retirement Plans, IRAs, annuities, etc., payable to named beneficiaries. Date Signature Of ApplicantDateSignature Deputy CSC Assistant CSC Clerk Of Superior Court SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME Name Of Applicant (type or print) Date Commission Expires County Where Notarized Notary SEAL % Owned By Decedent % Owned By Decedent % Owned By Decedent % Owned By Decedent AOC-E-905, Side Two, Rev. 8/21 © 2021 Administrative Office of the Courts