Beginning a Decedent’s Estate



 

In order to better serve you, we operate on an appointment basis, please call 336-779-6304 to schedule an appointment.

All forms listed below may be found on the Estates Forms page.

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 North Carolina, which prohibits the Clerk of Superior Court and his or her employees from giving legal advice, so it may be in your best interest to retain an attorney.

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, as set forth in the North Carolina general statues.

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. You will then need to contact our office at 336-779-6304 to schedule an appointment as we only operate on an appointment basis. We are located in the Hall of Justice / 200 N. Main St., Winston-Salem, NC 27101 / 2nd Floor / Room # 268.

*** If you do not have all your information, we may need to reschedule your appointment. ***

  1. If the decedent had a Last Will and Testament, please be sure to bring the ORIGINAL. A copy of the Will is insufficient on its own.
  2. Death certificate (a copy is acceptable).
  3. Latest Bank/Brokerage/Mutual Fund Statements in the name of the deceased, including any joint accounts (copy is acceptable).
  4. Copies of signature cards for any joint bank accounts or beneficiary accounts from the financial institution. (If they will not provide these, ask them to fax the information to our office 336-779-6331 — Attention: Estates)
  5. Titles or registration cards for vehicles, trailers, mobile homes, etc. titled in decedent’s name, including jointly owned titles, and the lien amount, if applicable (copy is acceptable).
  6. Sufficient proof to indicate the value for vehicles, trailers, mobile homes, etc. (i.e.: tax value, NADA, Kelley Blue Book, etc.) (copy is acceptable).
  7. If decedent owned stocks or bonds, not held in a brokerage account, bring certificates or bonds and the date of death value of each. (copy is acceptable).
  8. Bring deeds for any real estate, along with a recent property tax statement to verify tax value. Also bring mortgage balance information, if applicable. (copy is acceptable)
  9. Provide the names and addresses of the beneficiaries named in the Will and any and all heirs when there is no Will. (including children and children of deceased children).
  10. An itemized funeral bill, showing that it has been paid or a current statement that indicates how much is still owed. Please provide proof if any amount has been paid.
  11. Ability to pay initial Court fee of up to $150.00 by either cash, credit card or attorney firm check (Note: A processing fee will be charged for the use of a credit card).
  12. A picture ID is needed from the applicant.
  13. If you are the applicant and live out of state, you must have a Resident Process Agent (AOC-E-500).
  14. If there is no Will and you are the qualifying applicant, Bond Waivers (AOC-E-404) and Renunciations (AOC-E-200) will need to be completed by the beneficiaries.

Click Here for a printable version.

 

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.

Top of PageHome