Form 56 North Carolina 2022-2025

Form 56 North Carolina: What You Should Know

This form is also known as an Affidavit. It must be filed with the court so that it will be admitted as evidence. The document must be sworn (notarized) in the county where the estate is located or filed.  The following are required information upon filing: 1. Person filing the document (the party filing the document) 2. Date filed 3. Name of person (the person filling out the form) 4. Title of individual (the person filling out the form) 5. Signature of party 6. Identification of the estate (the names, addresses, and social security numbers of the persons listed in sub-par, 3 are included in this document); that are required to identify all persons named in sub-par, 3, shall be attached as a separate document if necessary; that are not necessary to the individual named in sub-par, 3 may be omitted. 7. Name of property/accounts 8. Date of death of individual(s) 9. Place of death 10. Number of people, if applicable Rule 56.5. Statement of trust assets; transfer on death (Form 56.5) There are two methods of transferring property on death. The first method is with an instrument. The instrument must be in writing, signed by the decedent, and recorded in the office of the probate court in which the action is pending.  If no such instrument exists, a certified copy of the instrument filed with the court shall satisfy the requirement of the probate rule. (a) An original or certified copy of the instrument, or both, may be filed with the court in any proceeding. (b) Upon the death of an elderly, disabled, or mentally ill person, the owner or a qualified person having care of the estate may file an affidavit with a copy of the instrument stating (or showing that an elderly, disabled, or mentally ill person is incapable of understanding the contents of a written instrument). In filing the affidavit, the person filing the affidavit shall indicate the name of all persons who have a property interest in the elderly, disabled, or mentally ill person. (d) The person making the affidavit shall file the affidavit with the court when the estate is distributed. (e) The affidavit needs not be filed with the estate in all cases for a probate order to be made by the court.

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