Category: Probate
Tags: Administration, Wills, Beneficiaries, Will Contest, Creditors

Important North Carolina Probate Forms

Posted on: May 9th, 2017
Executors must maintain records of accounting and other required documentation as part of their administrative duties. Failing to do so might result in estate administration errors, and related damages or losses may be personally held against the executor. While every estate is unique and some estates involve assets with unusual tax or reporting requirements, most probate estates in North Carolina typically involve an assortment of common forms. 

The need to prepare and file judicial documents and tax forms is routine throughout estate administration. Customarily, the following probate forms are used for North Carolina estates (links provided to official documents where available):

Applications for Authority to Administer the Estate
Oath/Affirmation (Form AOC-E-400)

Affidavits. Various circumstances may require filing an affidavit:
Bonds. Many circumstances could prompt the need for bonds, including but not limited to:
  • When the personal representative is not a North Carolina resident
  • When heirs are under 18 years of age
Petitions. A number of petitions can occur during the probate process, including but not limited to:
  • Contesting a will
  • Open safe deposit box
  • Reopen the estate (after probate is closed)
Notice to beneficiaries that they are named in a will

Tax forms:
  • Form 706, Federal Estate Tax Return
  • Form 1041, Income Tax Return for Estates
  • Form 8971, Information Regarding Beneficiaries Acquiring Property From a Decedent

Gathering the necessary forms is only part of the administrative process. The executor must ensure these forms are error-free and filed timely. Individuals settling estates in North Carolina can schedule a meeting with a probate attorney to review forms and discuss tax implications.
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