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North Carolina Inheritance Law & Probate Procedure

North Carolina PROBATE COURT FINDER:
- Probate Court for Avery County: Key information about your local probate court (Superior Court in North Carolina) for Avery County.
How Probate Works in North Carolina: How to handle the probate of an inheritance at Avery County's probate court.
- Here are links to:
  - North Carolina Probate Forms and the
  - North Carolina State Probate Court Website.
Small Estates Procedures in North Carolina: Learn how to use North Carolina's Small Estate procedures that can save you time and money.
- In North Carolina, you can use an Affidavit if the value of the estate, less liens or encumbrances, doesn't exceed $20,000 ($30,000, not counting the spousal allowance, if the surviving spouse is the sole heir.) There is a 30-day waiting period.
  
  N.C. Gen. Stat. 28A-25-1 and following.
  
  There is a summary probate proceeding available if the surviving spouse inherits everything.
  
  N.C. Gen. Stat. 28A-28-1 and following.
North Carolina Estate Taxes:
- North Carolina, like most states, does not impose an estate or inheritance tax. Only a few states do.
Avoiding Probate in North Carolina. Find out what property bypasses probate death and goes directly to beneficiaries. such as:
- Transfer on Death Deeds (TODDs)

Bankruptcy & Debt

MEANS TEST CALCULATOR
- for Avery County, North Carolina (applies the state and county income and expense standards into your means test calculation. Updated with the latest median income and expense standards for May 15, 2024)
North Carolina BANKRUPTCY EXEMPTION FINDER: Search detailed listings of bankruptcy exemptions under North Carolina law and Federal law, for use in filing out Schedule C, when you file for bankruptcy.
- Federal Exemptions available in North Carolina?:
  - No. N.C. Gen. Stat. § 1C-1601(f).
- North Carolina Homestead Exemption
  - Real or personal property, including co-op, used as residence to $35,000 (husband and wife may double) ($60,000 if 65 or older and spouse is deceased); up to $5,000 of unused portion of homestead may be applied to any property
- North Carolina Vehicle Exemption
  - Motor vehicle to $3,500
North Carolina BANKRUPTCY COURT ESSENTIAL INFO: Get information about using your local bankruptcy court.
North Carolina is divided into 3 federal districts with main cities in
- Raleigh, Fayetteville (Eastern District)
- Charlotte (Western District)
- Greensboro (Middle District)
FREE BANKRUPTCY FORMS:
We'll tell you which bankruptcy forms you need and where to find them.

North Carolina Unemployment Benefits

Benefit Amounts in North Carolina: Learn how unemployment works, how much you'll get, and for how long.
- Minimum:
  - $15 per week
- Maximum:
  - $350 per week
- Duration:
  - In North Carolina, the duration of benefits depends on the state's unemployment rate when you apply. The maximum period for which you may receive benefits is 12 to 20 weeks.
Eligibility: >Whether you qualify for unemployment.
How to Apply: How to apply for unemployment in North Carolina.
- North Carolina Department of Commerce: Division of Employment Security
  - 888-737-0259
Unemployment Office Near Me? How to find your local unemployment office.
COVID-19 Benefits: We tracked the rise and fall of COVID-19 unemployment benefit payments.
North Carolina Wage & Hour Law
- North Carolina Minimum Wage:
  - Currently the minimum wage in North Carolina is $7.25 an hour. But this is all an employer must pay its employees by statute pursuant to the North Carolina Wage and Hour Act (WHA).
- Overtime Pay: Every state has rules about weekly maximum hours and overtime. Learn about the overtime laws in North Carolina and whether they apply to you.
- Wage Claims: If you're being unlawfully underpaid, you need to learn how to file a "Wage Claim" in North Carolina.
- Tips : Every state has special pay rates for tipped workers. Find out the rules for tipped workers in North Carolina.
  - In North Carolina, your employer may pay you a minimum wage of $2.13 an hour, as long as you earn enough in tips to bring your total hourly pay up to the full minimum wage, $7.25 an hour. If you don’t earn enough in tips to bring your compensation to the full minimum wage, your employer must make up the difference.