This has been prepared to assist you in beginning an estate when a decedent was a resident of Forsyth County; however, as each estate is unique, additional information may be required. This is a legal procedure governed by the laws of the State of North Carolina, which prohibit the Clerk of Superior Court and his or her employees from acting as your attorney, so it may be in your best interest to retain legal counsel.
Upon the death of an individual, his or her property becomes either probate or non-probate property, and the Clerk of Superior Court has jurisdiction to appoint a fiduciary over the probate property of the decedent. The fiduciary is required by law to use the property to pay the justifiable debts first, and then distribute the remainder to the legal heirs or beneficiaries of the estate.
If you have been told you will need to get a document from the Court regarding assets of a deceased person, your first step is to gather all the necessary information about the deceased person. If the decedent had a Last Will and Testament, you will need to complete an Application for Probate and Letters (form No. AOC-E-201), or if the decedent did not leave a Last Will and Testament, you will need to complete an Application for Letters of Administration (Form No. AOC-E-202). Our office can provide the above-stated forms, you can click on each link (above) or you can go to www.nccourts.org or www.ncfcc.us to obtain these forms. You will then need to contact our office at (336) 779-6304 to schedule an appointment. We are located in the Hall of Justice (Courthouse), 200 N. Main St., Winston-Salem, NC 27101 /2nd Floor / Room # 268. Please try to arrive a few minutes early. If you do not have all your information, we may need to reschedule your appointment.
Thank you for your assistance in gathering the requested information.
State Law prohibits the Clerk’s Office staff from; providing any legal advice, providing instructions for completing forms, referring an attorney, or recommending specific ways to pursue legal action.