Charlotte, NC asked in Estate Planning and Probate for North Carolina

Q: Will dad's house pass to immediate family outside of probate in NC?

My dad's NC house is paid-off and titled to him. His assets include only the house and household goods. If he died, would the house pass to "immediate family" under NC law, outside of probate? If so, since the assets subject to probate would be $20,000 would that allow the use of an affidavit as opposed to full probate?

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1 Lawyer Answer
Sara W. Harrington
Sara W. Harrington
  • Estate Planning Lawyer
  • Carrboro, NC
  • Licensed in North Carolina

A: In North Carolina, real estate passes to the heirs at the time of death. If there is no will, that is determined by the laws of intestate succession. If there is a will and the real estate was specifically devised to individuals, that would override intestate succession.

Generally real estate is not probated unless it needs to be brought into the estate to pay a bill of the estate.

If all of his personal property is worth less than $20,000, you can settle his estate with an Affidavit for Collection instead of opening a full estate.

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