In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In North Carolina, the law provides for a simplified process for administering small estates through the use of a small estate affidavit. This process is governed by North Carolina General Statutes (NCGS) § 28A-25-1. A small estate in North Carolina is defined as one where the value of the personal property, less liens and encumbrances, does not exceed $20,000 ($30,000 if the surviving spouse is the sole heir). The small estate affidavit can be used by the successor of the deceased to collect personal property without formal administration by the court. The affidavit must be signed by all heirs entitled to the property and must be presented to the holder of the property, such as a bank or other institution. If real property is involved, a summary administration process may be available if the value of the real estate, less encumbrances, does not exceed $20,000, and the only beneficiary is the surviving spouse. This process involves filing a petition with the clerk of superior court. It's important to consult with an attorney to ensure compliance with all legal requirements and to determine the most appropriate process for a given situation.