Deadlines And Timelines In North Carolina Probate

What Are the Deadlines And Timelines In North Carolina Probate?

Key deadlines and timelines in North Carolina probate include:

  • Inventory: within 3 months after qualification
  • Claim for elective share: within 6 months after issuance of letters testamentary or letters of administration
  • Caveat: at time of application for probate of will or at any time within 3 years thereafter
  • Notice to creditors: within 75 days after granting of letters

 

For a downloadable pdf of the North Carolina probate deadlines and timelines, click North Carolina Probate Deadlines and Timelines.

TYPE OF FILING

DEADLINES

NC General Statutes

 

 

 

Notice to transfer estate proceeding brought pursuant to G.S. 28A-2-4(a)(4)

Within 30 days after moving party served with copy of pleading requesting relief

28A-2-6(h)

Appeal of estate proceeding

As provided in G.S. 1-301.3 (within 10 days of entry of order or judgment)

28A-2-9(a)

Appeal in special proceeding

As provided in G.S. 1-301.2 (within 10 days of entry of order or judgment)

28A-2-9(b)

Application to have will admitted to probate by devisee or interested person

No sooner than 60 days after death of testator, and upon 10 days notice to executor named in will who has failed to have will proved

28A-2A-2

Probate of nuncupative will

No later than 6 months from time made unless reduced to writing within 10 days after made

28A-2A-10

Petition for order of renunciation by executor

30 days after failure to qualify or renounce after admission of will to probate

28A-5-1(b)

Petition for order of renunciation of right to administer

30 days after death of decedent when person entitled to apply for letters of administration fails to apply

28A-5-2(b)

Nomination of person to serve as personal representative by renouncing person

At same time as express renunciation of person’s prior right to apply for letters of administration

28A-5-2(c)

Notice of application for letters

15 days prior to written notice of application when applicant is not entitled to priority of appointment

28A-6-2

Hearing on petition for resignation of personal representative

Not sooner than 10 days nor later than 20 days after notice to interested persons

28A-10-4

Application for letters by public administrator

Upon attention that 6 months has elapsed from death of decedent who died owning property and no letters have been applied for or issued

28A-12-4

Notice to Creditors

Within 75 days after granting of letters to known and reasonably ascertainable creditors

28A-14-1

Proof of notice to creditors

At time Inventory filed

28A-14-2

Presentation of claim arising before death

By date specified in general notice or in cases requiring delivery or mailing of notice, within 90 days after date of delivery or mailing if expiration of 90 day period is later than date specified in general notice to creditors; claims barrable if first publication or posting does not occur within 3 years after death

28A-19-3(a)

Presentation of claim arising after death based on contract with personal representative or collector

Within 6 months after date on which performance by personal representative or collector due; claims barrable if first publication or posting does not occur within 3 years after death

28A-19-3(b)

Presentation of claim arising after death other than claim based on contract with personal representative or collector

Within 6 months after date on which claim arises; claims barrable if first publication or posting does not occur within 3 years after death

28A-19-3(b)

Petition by claimant with respect to contingent or unliquidated claim

Within 3-month period prescribed by G.S. 28A-19-16

28A-19-5

Action on rejected claim

Within 3 months after notice of rejection

28A-19-16

Inventory

Within 3 months after qualification

28A-20-1

Annual accounting

30 days after expiration of 1 year from date of qualification of personal representative or collector; if fiscal year selected, by 15th day of 4th month after close of fiscal year and annually on same date thereafter

28A-21-1

Final account

Within 1 year after qualifying or within 6 months after receiving state estate or inheritance tax release or in time period for filing an annual account pursuant to 28A-21-1, whichever is later

28A-21-2

Final accounting by limited personal representative

Within 30 days of later of date by which claim must be presented as set forth in general notice to creditors provided for in G.S. 28A-14-1 OR date by which action for recovery of rejected claim must be commenced under G.S. 28A-19-16

28A-21-2.2

Objection to account accompanied by permissive notice

Within 30 days after receipt of written notice

28A-21-6

Small estates – collection of property by affidavit

No sooner than 30 days after death of decedent

28A-25-1 and 1.1

Small estates – final affidavit

Within 90 days of date of filing qualifying affidavit

28A-25-3

Affidavit of landlord – removal of tangible personal property

No sooner than 10 days after death

28A-25-7

Payment of debt and delivery of property to domiciliary personal representative of nonresident decedent without ancillary administration

Any time after expiration of 60 days from death of nonresident decedent

28A-26-2

Application for issuance of ancillary letters by any person

Within 90 days after death of nonresident, or within 60 days after issue of domiciliary letters

28A-26-3

Inventory in estate of absentees in military service

Within 30 days after appointment of receiver; inventory and accounting every year thereafter within 30 days of anniversary date of appointment

28B-5

Suit against receiver in estate of absentee in military service

Within 1 year from date of discharge

28B-8

Notice of claim of succession by child born out of wedlock to estate of putative father

Within 6 months after date of first publication or posting of general notice to creditors

29-19

Election of surviving spouse to take life interest in lieu of intestate share

In testate estate-within 12 months of date of death if letters not issued within that period, or within 1 month after expiration of time limit for filing claim for elective share if letters issued; in intestacy-within 12 months if letters not issued within that period, or within 1 month after expiration of time limit for filing claims against estate if letters issued

29-30

Claim for elective share

Within 6 months after issuance of letters testamentary or letters of administration

30-3.4

Submission about assets by personal representative so clerk can determine elective share

Within 2 months of filing petition to determine an elective share

30-3.4

Application for year’s allowance

Within 1 year after death

30-16

Surviving spouse/guardian application to magistrate or clerk to assign allowance

Within 10 days after filing application if personal representative has not, or if no administration

30-16; 30-17(children)

Notice of appeal of assignment by magistrate or clerk

Within 10 days after assignment

30-23

Application to have year’s support assigned at other amount than in 30-15 and 30-17

After date specified in general notice to creditors and within 1 year after death

30-27

Caveat

At time of application for probate of will or at any time within 3 years thereafter

31-32

Responsive pleading to caveat by aligned interested party

Within 30 days of entry of order aligning parties

31-33

Written objection to payment in caveat order of clerk

Within 10 days of service

31-36

Civil action for willful and unlawful killing

Within 90 days after final determination in criminal proceeding or within 2 years after death, whichever is later

31A-3

Renunciation of property

Not later than 9 months after date of transfer of renounced interest if no federal statute applies

31B-2

Written demand in community property

Not later than 6 months after will admitted to probate, OR not later than 6 months after appointment of administrator, OR not later than 6 months after decedent’s death if property in trust

31C-6

Download North Carolina Probate Deadlines and Timelines.

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