North Carolina Probate Form AOC-E-402

Lệnh Cho Phép Cấp Thư Bổ Nhiệm

Everything you need to know about North Carolina Form AOC-E-402, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related NC probate forms.

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About Lệnh Cho Phép Cấp Thư Bổ Nhiệm

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.

Lệnh Cho Phép Cấp Thư Bổ Nhiệm 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:

View Form AOC-E-402

NC Form AOC-E-402, which may also referred to as Lệnh Cho Phép Cấp Thư Bổ Nhiệm, is a probate form in North Carolina. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Atticus Fast Facts About Lệnh Cho Phép Cấp Thư Bổ Nhiệm

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Lệnh Cho Phép Cấp Thư Bổ Nhiệm:

  • This form pertains to the State of North Carolina

  • The current version of this form was last revised on August 1, 2012

  • The relevant probate statute or North Carolina laws related to this form include: 28A-6-1, 35A-1215, 35A-1226, 36C-2-209

  • The official North Carolina source for this form is here.

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 ’s Form AOC-E-402 - Lệnh Cho Phép Cấp Thư Bổ Nhiệm up to date, certain details can change from time-to-time with little or no communication.

How to file Form AOC-E-402

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-402, 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-402 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-402 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 Lệnh Cho Phép Cấp Thư Bổ Nhiệm 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?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Lệnh Cho Phép Cấp Thư Bổ Nhiệm is due

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-402 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-402, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form AOC-E-402 Online

Lệnh Cho Phép Cấp Thư Bổ Nhiệm 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-402 - Lệnh Cho Phép Cấp Thư Bổ Nhiệm 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.

Lệnh Cho Phép Cấp Thư Bổ Nhiệm 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.

View Form AOC-E-402

NC Form AOC-E-402, which may also referred to as Lệnh Cho Phép Cấp Thư Bổ Nhiệm, is a probate form in North Carolina. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Did you know?

  • Form AOC-E-402 - Lệnh Cho Phép Cấp Thư Bổ Nhiệm is a probate form in North Carolina.

  • North Carolina has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in North Carolina.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in North Carolina, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Lệnh Cho Phép Cấp Thư Bổ Nhiệm

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form AOC-E-402

Here’s the text, verbatim, that is found on North Carolina Form AOC-E-402 - Lệnh Cho Phép Cấp Thư Bổ Nhiệm. You can use this to get an idea of the context of the form and what type of information is needed.

VUI LÒNG ĐIỀN VÀO PHIÊN BẢN TIẾNG ANH CỦA MẪU NÀY AOC-E-402 Vietnamese, Rev. 8/12 © 2012 Administrative Office of the Courts AOC-E-402, Tiếng Việt, Được sửa đổi tháng 8 năm 2012 © 2012 Văn Phòng Hành Chính của Hệ Thống Tòa Án NOTE: THIS FORM IS FOR INFORMATIONAL PURPOSES ONLY. DO NOT COMPLETE THIS FORM FOR FILING. USE THE ENGLISH VERSION OF THE AOC-E-402 INSTEAD. LƯU Ý: MẪU NÀY CHỈ SỬ DỤNG VỚI MỤC ĐÍCH THAM KHẢO THÔNG TIN. KHÔNG ĐIỀN VÀ NỘP MẪU NÀY. SỬ DỤNG MẪU AOC-E-402 BẰNG TIẾNG ANH ĐỂ THAY THẾ. File No. Số Hồ Sơ STATE OF NORTH CAROLINA TIỂU BANG NORTH CAROLINA County Quận/hạt In The General Court Of Justice Superior Court Division Before The Clerk Tại Hệ Thống Tòa Án Công Lý Phân Bộ Tòa Án Thượng Thẩm Trước Lục Sự Tòa Án ORDER AUTHORIZING ISSUANCE OF LETTERS LỆNH CHO PHÉP CẤP THƯ BỔ NHIỆM G.S. 28A-6-1; 35A-1215, -1226; 36C-2-209 G.S. 28A-6-1; 35A-1215, -1226; 36C-2-209 IN THE MATTER OF THE ESTATE OF: VỀ QUỸ DI SẢN/TÀI SẢN CỦA: Name Of Decedent/Minor/Incompetent/Trust Tên của người đã mất/trẻ vị thành niên/người thiếu năng lực pháp lý/quỹ ủy thác The Court finds from the Application for Letters in the matter named above that the Fiduciary is entitled and is not disqualified to administer the estate, trust, or guardianship. Căn cứ vào Đơn Yêu Cầu Ban Hành Thư Bổ Nhiệm trong vụ nêu trên, Tòa Án xác nhận rằng Người Nhận Ủy Thác có quyền và hội đủ điều kiện làm người giám hộ hoặc người quản lý quỹ di sản, quỹ tài sản hay quỹ ủy thác. Based on these findings, the Court orders that Letters be issued to the Fiduciary in this matter. Căn cứ vào xác nhận này, Tòa Án ra lệnh ban hành Thư Bổ Nhiệm cho Người Nhận Ủy Thác trong vụ này. Name And Address Of Fiduciary 1 Tên và địa chỉ của người nhận ủy thác 1 Date Of Qualification (mm/dd/yyyy) Ngày được xác nhận hội đủ điều kiện (tháng/ngày/năm) Clerk Of Superior Court Lục Sự Tòa Thượng Thẩm Title Of Fiduciary 1 Chức danh của người nhận ủy thác 1 EX OFFICIO JUDGE OF PROBATE THẨM PHÁN MẶC NHIÊN PHỤ TRÁCH TÒA ÁN CHỨNG THỰC DI CHÚC Name And Address Of Fiduciary 2 Tên và địa chỉ của người nhận ủy thác 2 Date (mm/dd/yyyy) Ngày (tháng/ngày/năm) Signature Chữ ký Title Of Fiduciary 2 Chức danh của người nhận ủy thác 2 Assistant CSC Clerk Of Superior Court Phụ tá LSTTT Lục Sự Tòa Thượng Thẩm

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