Buncombe County Probate Guide: Filing in Asheville, NC

Navigating Probate in Buncombe County, NC

Losing someone you love is one of life’s hardest experiences. When that loss also brings legal and financial responsibilities, the weight can feel overwhelming. If you’re settling an estate in Buncombe County, you’re not alone, and the process is more manageable than it might seem right now.

This guide walks you through everything you need to know about probate in Buncombe County, from the courthouse address and filing fees to the step-by-step process for getting letters testamentary and closing an estate. Whether you’re dealing with a modest estate in West Asheville or a more complex situation in the surrounding mountain communities, the information here applies to you.

Asheville is a vibrant, arts-forward city with a strong sense of community, and Buncombe County’s court system reflects that same practical, people-first orientation. The Clerk of Superior Court’s office is accessible and helpful, but understanding the process before you walk through the door will save you time and reduce stress.

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Buncombe County Clerk of Superior Court

The Buncombe County Clerk of Superior Court handles all probate matters for the county. This is the office you’ll work with throughout the entire process, from opening the estate to filing your final accounting.

Courthouse Address: 60 Court Plaza Asheville, NC 28801

Phone: (828) 259-3400

Office Hours: Monday through Friday, 8:00 AM to 5:00 PM

The Clerk’s office is located inside the Buncombe County Courthouse in downtown Asheville. Parking in downtown Asheville can be tight, especially during busy seasons. The county operates several parking decks nearby, including the Wall Street Parking Garage and the Rankin Avenue Garage. Arriving early in the morning tends to make parking and wait times easier to manage.

The Clerk’s office staff can answer procedural questions, help you identify which forms you need, and tell you what documents to bring for your specific situation. They cannot give legal advice, so if your estate has complications such as disputes among heirs, business interests, or real property outside North Carolina, consulting a probate attorney in Asheville is worth the investment.

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Filing Requirements and Fees in Buncombe County

North Carolina uses a standardized set of AOC (Administrative Office of the Courts) forms for probate, so the paperwork you file in Buncombe County is the same paperwork used across the state. You can review the full forms list at our NC AOC forms guide.

Key Documents to Bring

• The original will (if one exists), along with any codicils
• The death certificate (certified copy, not a photocopy)
• A list of heirs and their contact information, including addresses
• An estimated inventory of assets and their approximate values
• Petitioner’s photo ID

If the decedent had no will, the estate is considered “intestate” and will follow North Carolina’s intestacy statutes. The process is largely the same, but the distribution of assets will be determined by state law rather than the decedent’s wishes.

Filing Fees

North Carolina’s probate filing fees are set by state statute and are based on the value of the estate’s personal property. As of 2025, the fee schedule is:

• Estates valued at $10,000 or less: $120
• Estates valued between $10,001 and $100,000: $120 plus $1 per $1,000 of value over $10,000
• Estates valued over $100,000: $210 plus 50 cents per $1,000 of value over $100,000 (capped at $6,000)

These fees are collected by the Buncombe County Clerk of Superior Court at the time of filing. Payment is typically accepted by check or money order made payable to “Buncombe County Clerk of Superior Court.” Confirm current payment methods when you call ahead.

For a broader overview of what probate costs in North Carolina beyond filing fees, see our guide on how much probate costs.

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Step-by-Step Probate Process in Buncombe County

Step 1: Determine Whether Probate Is Needed

Not every estate requires full probate. If the decedent’s assets were held in joint tenancy, had named beneficiaries (such as life insurance or retirement accounts), or were held in a revocable living trust, those assets pass outside of probate entirely.

Small estates in North Carolina may qualify for a simplified “collection by affidavit” process if personal property is valued under $20,000 (or $30,000 if the surviving spouse is the sole heir). If you’re unsure which process applies, call the Buncombe County Clerk’s office or consult our guide on how to start probate in North Carolina.

Step 2: File the Application for Probate

Bring the original will, death certificate, and your petitioner information to 60 Court Plaza. You’ll complete Form AOC-E-201 (Application for Probate) and pay the filing fee. If there is a will, the clerk will review it for compliance with North Carolina law.

At this stage, the estate is opened and assigned a file number. Keep this number handy as you’ll reference it in all future filings.

Step 3: Qualify as Executor or Administrator

If a will names an executor, that person qualifies by signing the “Oath and Affirmation” before the Clerk. If there is no will, or if the named executor is unwilling or unable to serve, the court will appoint an administrator, typically the surviving spouse or nearest heir.

Once qualified, you’ll receive Letters Testamentary (or Letters of Administration if there is no will). These letters are the official authorization that allows you to act on behalf of the estate, opening bank accounts, accessing financial records, and managing property.

Step 4: Notify Creditors and Beneficiaries

North Carolina law requires you to publish a notice to creditors in a newspaper of general circulation in Buncombe County. The Asheville Citizen-Times is the most commonly used publication for this purpose. The notice must run once a week for four consecutive weeks.

Creditors have a 90-day period from the date of first publication to file claims against the estate. You must also send written notice directly to known creditors.

Beneficiaries named in the will, and all heirs in an intestate estate, must also receive written notice within 90 days of qualification.

Step 5: Inventory the Estate

Within three months of qualifying, you must file a complete inventory of all estate assets with the Buncombe County Clerk’s office using Form AOC-E-505. This includes real property, bank accounts, vehicles, investments, personal property, and business interests.

Assets should be listed at fair market value as of the date of death, not what you paid for them originally. For real estate, a licensed appraiser or a county tax assessment can provide the basis for valuation.

Step 6: Pay Debts and Taxes

Before distributing anything to beneficiaries, you must pay valid debts, taxes, and administrative expenses. This includes the decedent’s final income tax return, any estate or inheritance taxes (North Carolina does not have a state estate tax, but the federal estate tax may apply to larger estates), and all valid creditor claims.

If an estate does not have enough assets to pay all debts, North Carolina law establishes a priority order for payment. Surviving spouses and minor children have certain protections under state law.

Step 7: Distribute Assets to Beneficiaries

After debts are paid, you distribute the remaining assets according to the will, or according to North Carolina’s intestacy statutes if there is no will. Get signed receipts from each beneficiary when distributing assets, as these become part of your final accounting.

Step 8: File the Final Accounting and Close the Estate

File your final account with the Buncombe County Clerk of Superior Court. This document lists all assets received, all disbursements made, and the final distribution to beneficiaries. Once the Clerk approves the accounting, the estate is officially closed.

Most straightforward estates in Buncombe County can be completed in six to twelve months. Complex estates with contested wills, real property disputes, or business interests may take longer.

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Local Resources and Tips for Buncombe County Estates

Western Carolina Legal Services provides free and reduced-cost legal assistance to low-income residents of Buncombe County and the surrounding region. If the estate’s finances are limited and you need legal help, this organization may be able to assist.

Buncombe County Register of Deeds (205 College St, Asheville) handles real property records. If you need to transfer real estate out of the estate, you’ll file a deed with this office. The Register of Deeds can be reached at (828) 250-4301.

Practical Tips:

• Asheville’s tourism season runs spring through fall, which can affect parking and downtown traffic. If possible, schedule your courthouse visits in the morning or during quieter months.
• Make at least five to ten certified copies of the death certificate. You’ll need them for banks, financial institutions, the DMV, and other agencies, and ordering them in bulk upfront is more efficient than requesting them piecemeal.
• Buncombe County is part of North Carolina’s eCourts system, which means some filings and case lookups may be available online. Review our eCourts filing guide for the latest on what’s available digitally.
• If the estate includes mountain property or land parcels in the surrounding areas, confirm that property lines and titles are clearly established before filing your inventory. Boundary disputes in rural Appalachian properties are not uncommon.

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How Afterpath Helps Buncombe County Executors

Managing probate on top of grief is genuinely hard. Afterpath is an AI-powered probate platform built specifically for families navigating estate settlement in North Carolina, and it understands the specific requirements of Buncombe County’s courts.

Pathfinder, Afterpath’s built-in assistant, can answer your questions about the Buncombe County probate process at any hour, whether you’re wondering which form to file next or what the creditor notice deadline means for your timeline.

Afterpath’s NC compliance engine is built around North Carolina’s specific statutes and court requirements, so you won’t miss a deadline or skip a required step. The platform generates county-appropriate checklists and tracks your progress through each phase of the estate.

The document vault keeps all of your estate paperwork organized and accessible in one place, from the original will to signed beneficiary receipts, making your final accounting easier to compile and reducing the risk of losing critical documents.

Afterpath’s task management system breaks the entire probate process into clear, sequenced steps with deadlines, so you always know what needs to happen next. Instead of trying to remember whether you’ve sent creditor notices or filed the inventory, Afterpath tracks it all for you.

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Frequently Asked Questions

How long does probate take in Buncombe County? Most straightforward estates take six to twelve months from filing to closing. Contested wills, complex assets, or disputes among heirs can extend the timeline significantly.

Do I need an attorney to file probate in Buncombe County? North Carolina does not require you to have an attorney for probate. Many executors handle the process themselves, especially for simpler estates. However, if the estate is large, contested, or involves business interests or out-of-state property, an Asheville probate attorney can prevent costly mistakes.

Can I file probate online in Buncombe County? Buncombe County is part of North Carolina’s eCourts system. Some case management and document access is available online, though initial filings typically require an in-person visit. Check our eCourts guide for current capabilities.

What if the estate has debts that exceed its assets? If the estate is insolvent, you must follow North Carolina’s statutory priority order for paying creditors. Beneficiaries will not receive distributions if the estate cannot pay its debts. Consulting an attorney in this situation is strongly recommended.

Can Afterpath help me manage probate in Buncombe County? Yes. Afterpath is designed for North Carolina estates and includes features tailored to county-specific requirements. Pathfinder, the task management system, and the NC compliance engine work together to guide you through every step of the Buncombe County probate process.

What is the difference between Letters Testamentary and Letters of Administration? Letters Testamentary are issued when the decedent left a will naming an executor. Letters of Administration are issued when there is no will, or when the named executor cannot serve. Both documents grant you the legal authority to act on behalf of the estate.

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Ready to Start? Afterpath Is Here to Help

Settling an estate in Buncombe County doesn’t have to be a solo effort. Afterpath was built for exactly this moment, when you need clear guidance, organized tools, and a platform that understands North Carolina’s probate requirements.

From Pathfinder’s 24/7 guidance to the task management system that keeps every deadline on track, Afterpath turns a process that can feel impossibly complex into a series of manageable steps.

Join the Afterpath waitlist and get early access to the platform that’s changing how North Carolina families navigate probate.

For more county guides, see our resources for Wake County, Mecklenburg County, and Durham County, or browse the full list of NC probate court locations.