Union County NC Probate Guide: Filing in Monroe

County Guides 10 min read

Settling an estate in NC? Afterpath guides you through probate step by step — $199 vs $10,000+ attorney fees.

Navigating Probate in Union County, NC

Union County has been one of North Carolina’s fastest-growing counties for years running. The communities of Monroe, Waxhaw, Weddington, Indian Trail, and Marvin have drawn tens of thousands of families relocating from Charlotte and beyond, many of them first-time homeowners building wealth and starting families.

That growth means Union County is increasingly a place where people own homes, accumulate retirement savings, and pass away leaving estates that need to be settled. If you’re managing that process for a loved one, you’re in the right place.

This guide covers everything you need to know about the probate process in Union County, from the Monroe courthouse details and filing fees to the complete step-by-step process for settling an estate. Probate can feel daunting at first, but it’s a structured legal process, and once you understand the steps, it becomes manageable.

Union County Clerk of Superior Court

All probate and estate filings in Union County go through the Clerk of Superior Court, located in the Union County Courthouse in downtown Monroe.

Courthouse Address: 500 N Main St Monroe, NC 28112

Phone: (704) 243-2130

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

Parking is available near the courthouse in downtown Monroe, including street parking and nearby public lots. Monroe’s downtown is considerably less congested than Charlotte, so logistics are typically straightforward.

The Clerk’s staff can answer procedural questions and direct you to the appropriate forms. They cannot offer legal advice. For estates involving business interests, out-of-state property, or contested provisions, a Monroe or Charlotte-area probate attorney can provide critical guidance.

Filing Requirements and Fees in Union County

North Carolina probate uses standardized AOC forms across all 100 counties. What you file in Union County is the same paperwork used statewide. Our NC AOC forms guide provides the complete reference.

What to Bring to the Clerk’s Office

The original will and any codicils
A certified copy of the death certificate
A complete list of heirs and their addresses
An approximate asset inventory with estimated values
Your government-issued photo ID

For newer Union County residents who relocated from another state, confirm that any real property located in a different state is handled through that state’s probate process separately from the North Carolina proceeding.

Filing Fees

North Carolina probate filing fees are established by state statute and calculated on the value of personal property in the estate:

Estates up to $10,000: $120
Estates between $10,001 and $100,000: $120 plus $1 per $1,000 over $10,000
Estates over $100,000: $210 plus 50 cents per $1,000 over $100,000 (maximum $6,000)

Fees are paid at the Union County Clerk’s office when you file. Confirm current payment methods before your visit. For a full picture of what estate settlement costs, see our probate cost overview.

Step-by-Step Probate Process in Union County

Step 1: Determine Whether Probate Is Required

Before heading to the courthouse, assess whether the estate actually requires probate. Assets that pass automatically outside probate include:

Life insurance policies with a named beneficiary
Retirement accounts (401(k), IRA, pension) with a designated beneficiary
Bank accounts with payable-on-death designations
Real estate held in joint tenancy with right of survivorship
Assets held in a revocable living trust

Union County’s growing population of young-to-middle-aged families often has well-structured estates, but less financial planning is common when deaths are sudden or unexpected. If you’re not sure what requires probate, our guide on how to start probate in North Carolina walks through the initial assessment.

Small estates (personal property under $20,000, or $30,000 if the surviving spouse is the sole heir) may qualify for a simplified affidavit process, bypassing full probate entirely.

Step 2: File the Application for Probate

Bring your documents to 500 N Main St and file Form AOC-E-201 (Application for Probate and Qualification of Executor). Pay the filing fee. The Clerk reviews the will for legal sufficiency under North Carolina law and opens the estate. You’ll receive an estate file number to reference on all future submissions.

Step 3: Qualify as Executor or Administrator

The executor named in the will must appear before the Clerk and take an oath to formally qualify. If there is no will (an intestate estate) or the named executor cannot serve, the court will appoint an administrator. Preference is typically given to the surviving spouse, then to adult children, then to other heirs.

Upon qualification, the Clerk issues Letters Testamentary or Letters of Administration. These documents are the formal authorization that allows you to act on behalf of the estate, managing accounts, transferring property, and communicating with creditors and institutions.

Step 4: Publish the Creditor Notice

North Carolina requires that you publish a notice to creditors in a newspaper of general circulation in Union County. The Enquirer-Journal, Union County’s local newspaper, is commonly used for this purpose. The notice must run once per week for four consecutive weeks.

After the first publication, creditors have 90 days to file claims against the estate. Known creditors must receive direct written notice, separate from the published notice.

Step 5: Inventory the Estate

Within three months of qualifying as executor or administrator, file a complete inventory using Form AOC-E-505. List all assets at fair market value as of the date of death: real property, financial accounts, vehicles, personal property, business interests, and any other assets.

For Union County estates with recently purchased real estate (which is common given the area’s growth), current market conditions may significantly affect fair market value. A formal appraisal or recent comparable sales are appropriate documentation.

Step 6: Pay Debts and Taxes

Before distributing anything to beneficiaries, satisfy all valid creditor claims, administrative expenses, and applicable taxes. North Carolina imposes no state estate tax. Federal estate tax applies to estates exceeding the federal exemption threshold.

File the decedent’s final income tax return. If the estate generates income during administration, a fiduciary income tax return may also be required. For newly structured families with complex financial situations, a CPA with estate experience is a valuable resource.

Step 7: Distribute to Beneficiaries

Distribute the remaining estate to beneficiaries per the will, or per North Carolina intestacy law if no valid will exists. Obtain signed receipts from each beneficiary at distribution. These receipts are important exhibits in the final accounting.

Step 8: File the Final Account and Close

Submit the final account to the Union County Clerk. The account reflects all assets, all disbursements, and all distributions. After Clerk approval, the estate is officially closed.

Routine Union County estates generally close in six to twelve months. Estates with real property transactions, tax complications, or disputes can take longer.

Local Resources and Tips for Union County Estates

Legal Aid of North Carolina serves Union County residents who qualify based on financial need. Free legal assistance is available for those who cannot afford private counsel.

Union County Register of Deeds (500 N Main St, Monroe, NC 28112, phone: (704) 283-3843) handles real property records. Transferring real estate from the estate to heirs or buyers requires filing the appropriate deed with this office.

Union County Tax Assessor can provide property value records useful for estate inventory purposes, particularly for residential real estate.

Practical Tips:

Union County’s rapid growth means the housing market has been particularly active. Real estate values can differ substantially from tax-assessed values, so a formal appraisal or recent comparable sales are important for inventory accuracy.
Many Union County residents are younger families who may not have done significant estate planning. If the decedent had minor children, be attentive to any trust provisions for minors in the will, and consult an attorney if there are questions about how assets should be held for children under 18.
For estates involving assets in Charlotte (Mecklenburg County), review our Mecklenburg County probate guide to understand any cross-county considerations.
Union County is part of North Carolina’s eCourts system. For information on online case access and digital filing options, see our eCourts guide.

How Afterpath Helps Union County Executors

Afterpath is a North Carolina-specific probate platform designed for people who are managing estate settlement for the first time. If this is new territory for you, that’s exactly who Afterpath was built for.

Pathfinder, Afterpath’s AI assistant, is available around the clock to answer your questions about Union County’s probate process. Whether you need to know what comes after filing the inventory or how to handle a specific creditor claim, Pathfinder gives you clear, practical, North Carolina-specific guidance without requiring you to schedule an appointment or pay attorney fees for a quick question.

The NC compliance engine keeps your Union County estate on track with North Carolina’s statutory requirements and county-specific deadlines. It automatically generates a tailored checklist for your estate and tracks your completion of each step, so nothing is overlooked.

Afterpath’s document vault provides a centralized, secure location for all estate documents. The will, death certificates, inventory forms, creditor notices, and beneficiary receipts are all organized and accessible in one place, making the final accounting process significantly easier.

The task management system breaks the entire probate process into a clear sequence of steps with built-in deadlines. You’ll always know what needs to happen next, what’s already done, and what’s coming up.

Frequently Asked Questions

How long does probate take in Union County? Most routine estates close in six to twelve months. The creditor notice period takes at least four months from the date of first publication. Contested estates or those with complex assets can take longer.

Do I need a lawyer to probate an estate in Union County? North Carolina does not require legal representation for probate. Many executors manage the process themselves. For contested estates, estates with business interests, or situations involving minor beneficiaries, professional legal guidance is advisable.

What if the will is from another state? If the decedent moved to Union County from another state and their will was executed in that state, it can generally still be probated in North Carolina as long as it meets North Carolina’s validity requirements. The Clerk’s office can advise, and an attorney can confirm.

Can I handle Union County probate online? Union County participates in North Carolina’s eCourts initiative, and some case management functions are available online. See our eCourts guide for current details.

What if the estate includes assets in both Union and Mecklenburg counties? Personal property is inventoried through the decedent’s county of residence (Union County). Real property located in another county may require filings in that county’s Register of Deeds. See our Mecklenburg County guide for additional context.

Can Afterpath help with my Union County estate? Absolutely. Afterpath is designed for North Carolina estates and supports executors through every step of the process. Pathfinder, the NC compliance engine, the document vault, and the task management system all work together to make the process clear and manageable.

Start the Process With Confidence. Afterpath Helps.

You don’t have to figure out Union County probate on your own. Afterpath gives you the structure, the tools, and the guidance to manage the process with confidence, even if you’ve never done it before.

Pathfinder answers your questions at any hour. The NC compliance engine ensures you meet every deadline. The document vault keeps everything organized. And the task management system keeps you moving forward step by step.

Join the Afterpath waitlist and get early access to the platform built for North Carolina families.

For more county guides, see our resources for Wake County, Mecklenburg County, and Durham County, or find all NC probate court locations.

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