Last updated: 11/24/2021
Application For Probate And Petition For Summary Administration {E-905M}
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Description
File No. STATE OF NORTH CAROLINA County In The General Court Of Justice Superior Court Division NOTE TO APPLICANTS: The decision to apply for summary administration rather than regular Before The Clerk administration may have significant legal ramifications. Applicants are advised to seek legal counsel. IN THE MATTER OF THE ESTATE OF: Name And Address Of Decedent APPLICATION FOR PROBATE AND PETITION FOR Social Security No. County Of Domicile At Time Of Death SUMMARY ADMINISTRATION G.S. 28A-28-1 et. seq.Date Of Death Date Of Will And Codicil(s) If Any Place Of Death (If Different From County Of Domicile)Date Of Marriage Place Of Marriage (If Different From County Of Domicile) Name And Mailing Address Of Petitioner Name And Address Of Executor Or Coexecutor Of Will (If Different From Petitioner) Telephone No. Telephone No.Legal Residence (County, State) File No. Name And Address Of Attorney Telephone No. I, the undersigned, apply for probate of the paper writing(s) purporting to be the decedents Last Will and Testament and codicil(s), dated as shown above. (NOTE: Check one of the following:) The original will [and codicil(s)] is already on file in the office of the Clerk of Superior Court. The original will [and codicil(s)] is attached. A certified copy of the will [and codicil(s)] is attached. Upon admission of the will to probate, and upon the recording of a certified copy of said will in each county in which is located any real estate or portion of real estate wholly or partially owned by the decedent, which recording I do hereby certify, I further petition the Court for an Order Of Summary Administration of the above estate. In support of this Application and Petition, being first duly sworn, I say that: 1. The decedent was domiciled in this county at the time of the decedents death. 2. I am the surviving spouse of the decedent, and I am the sole devisee and sole heir of the decedent. There is no other devisee or heir under the will. 3. The will does not prohibit summary administration. All property passing under the will, if any, goes directly to me and is not in trust. No application or petition for appointment of a personal representative is pending or has been granted in this State. 4. The decedent did did not own an interest in real estate, wholly or partially, at the time of the decedents death. A complete legal description, sufficient to specifically identify each tract of such real property is attached. 5. The decedent did did not own an interest in personal property at the time of the decedent death. A complete description of the nature of the decedents personal property, the location and probable value of said property, to the extent that these facts are known or can with reasonable diligence be ascertained, is on the reverse. (NOTE: See the Instructions for Inventory on side two of AOC-E-201.) 6. To the extent of the property received by me under the will of the decedent, I assume all liabilities of the decedent that were not discharged by reason of death, and I assume liability for all taxes and valid claims against the decedent or the estate, as provided in G.S. 28A-28-6. 7. A copy of this Petition has been personally delivered or sent by first class mail by me to the last known address, as listed above, of any executor or coexecutor named by the will, other than me. NOTE TO CLERK: This Application and Petition requires a three step process. First, the admission of the will to probate; second, the issuance of certified copies of the probated will, which the petitioner must then file in each county in which any portion of the real estate is located; and third, processing the Petition For Summary Administration. For the convenience of the parties, the application and petition are collapsed on to one form. AOC-E-905M, Rev. 2/2000 2000 Administrative Office of the Courts (Over) <<<<<<<<<********>>>>>>>>>>>>> 2 INVENTORY (Give values and descriptions as of date of decedents death. Continue on separate attachment if necessary.) PART I. 1. Accounts in sole name of decedent (List bank, etc., each account no. and balance.) Market Value $ 2. Joint accounts without right of survivorship (List bank, etc., each account no., balance and joint owners.) % Owned By % Owned By % Owned By % Owned By 3. Stocks and bonds in sole name of decedent or jointly owned % Owned By without right of survivorship.................................................. 4. Cash and undeposited checks on hand................................................................. 5. Household furnishings........................................................................................ 6. Farm products, livestock, equipment and tools...................................................... 7. Vehicles........................................................................................................... 8. Interest in partnership or sole proprietor businesses............................................... 9. Insurance, Retirement Plan, I.R.A., etc., payable to Estate...................................... 10. Notes, judgments, and other debts due decedent................................................... 11. Miscellaneous personal property.......................................................................... 12. Real estate willed to the Estate.............................................. 13. Estimated annual income of Estate....................................................................... TOTAL PART I. $ PART II. PROPERTY WHICH CAN BE ADDED TO ESTAT E IF NEEDED TO PA Y CLAIMS 1. Joint accounts with right of survivorship (List bank, etc., each account no., balance & joint owners.) $ 2. Stocks and bonds jointly owned with right of survivorship....................................... 3. Other personal property recoverable (G.S. 28A-15-10)............................................ 4. Real estate owned by decedent and not listed elsewhere......................................... TOTAL PART II. $ PART III. 1. Entireties Real Estate owned by decedent and spouse (List 1/2 value)............................. $ 2. Insurance, Retirement Plan, I.R.A., accounts, etc., payable to named beneficiaries....... 3. There are are not transfers over which decedent retained any interest as described in N.C. Inheritance Tax Laws, G.S. 105-2(3) through 105-2(6).................... 4. There were were not gifts made 3 years or less before decedents death.......... TOTAL PART III. $ Date SWORN AND SUBSCRIBED TO BEFORE
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