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 |
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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 |