Application For Probate (Without Qualification Of A Personal Representative)

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 (Without Qualification Of A Personal Representative) 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 (Without Qualification Of A Personal Representative)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For Probate (Without Qualification Of A Personal Representative):

• 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: 28A-2A-1, 28A-2, 28A-5

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-199 - Application For Probate (Without Qualification Of A Personal Representative) 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-199, 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-199 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-199 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 (Without Qualification Of A Personal Representative) 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-199 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-199, and when in doubt— consult a qualified trust & estates lawyer for that area.

Application For Probate (Without Qualification Of A Personal Representative) 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-199 - Application For Probate (Without Qualification Of A Personal Representative) 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 (Without Qualification Of A Personal Representative) 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-199 - Application For Probate (Without Qualification Of A Personal Representative). You can use this to get an idea of the context of the form and what type of information is needed.

G.S. 28A-2A-1, -2, -5 APPLICATION FOR PROBATE (WITHOUT QUALIFICATION OF A PERSONAL REPRESENTATIVE) AND ADDENDUM (AOC-E-309) Name, Street Address, City, State, And Zip Code Of Decedent County Of Domicile At Time Of Death Date Of Death Name, Street Address, PO Box, City, State, And Zip Code Of Applicant Date Of Will And Codicil(s), If AnyPlace Of Death (if different from County Of Domicile) Name, Street Address, PO Box, City, State, And Zip Code Of Co-Applicant File No. In The General Court Of Justice Superior Court Division Before The Clerk IN THE MATTER OF THE ESTATE OF Legal Residence (County, State) Name, Street Address, PO Box, City, State, And Zip Code Of Attorney Legal Residence (County, State) Attorney Bar No. I, the undersigned, applying for probate of the decedent’s last will and testament in the above estate, being first duly sworn, say that: 1. The decedent was domiciled in this county at the time of the decedent’s death or left property or assets in this county. 2. a. I am the executor named in the will. b. I am a devisee named in the will, no executor has applied to have the will proved within sixty (60) days after the death of the testator, and the named executor(s) has/each have at least ten (10) days’ notice of my intent to have the will proved. c. The decedent died on or after January 1, 2012, I am a devisee named in the will, less than sixty (60) days have passed since the death of the testator, no executor has yet applied to have the will proved, the named executor(s) has/each have at least ten (10) days’ notice of my intent to have the will proved, and good cause exists to now probate the will in that . d. I am a person interested in this estate, my interest is that , no executor has applied to have the will proved within sixty (60) days after the death of the testator, and the named executor(s) has/each have at least ten (10) days’ notice of my intent to have the will proved. e. The decedent died on or after January 1, 2012, I am a person interested in this estate, my interest is that , less than sixty (60) days have passed since the death of the testator, no executor has yet applied to have the will proved, the named executor(s) has/each have at least ten (10) days’ notice of my intent to have the will proved, and good cause exists to now probate the will in that . 3. Following the execution of the will, there were no children born to or adopted by the decedent, and the decedent did not thereafter marry or obtain a divorce. (If the facts are otherwise, state them on an attachment.) 4. After diligent inquiry, I have determined that the persons listed below are all the persons entitled to share in the decedent’s estate. (If there is a court-appointed guardian for any such person(s), list the guardian’s name and address on an attachment.) NAMEAGERELATIONSHIPMAILING ADDRESS Original - File Copy - Applicant (Preliminary Inventory On Reverse) STATE OF NORTH CAROLINA County AOC-E-199, Rev. 8/21 © 2021 Administrative Office of the Courts PRELIMINARY INVENTORY (Give values 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.) 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. 3. There is is not a potential claim for wrongful death arising under G.S. 28A-18-2. 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 % Owned By Decedent % Owned By Decedent % Owned By Decedent Est. Market Value $ $ $ $ % Owned By Decedent 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 Signature Of ApplicantSignature Of Co-Applicant Date Commission ExpiresDate Commission Expires County Where NotarizedCounty Where Notarized DateDateSignature Of Person Authorized To Administer OathsSignature Of Person Authorized To Administer Oaths Notary Notary Deputy CSC Deputy CSC Assistant CSC Assistant CSC Clerk Of Superior Court Clerk Of Superior Court SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE MESWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME SEALSEAL AOC-E-199, Side Two, Rev. 8/21 © 2021 Administrative Office of the Courts