Aoc E 404 Form PDF Details

When navigating the complexities of estate management in North Carolina, one crucial form often encountered is the AOC-E-404, designated for the waiver of a personal representative's bond. This form plays a significant role in the probate process, allowing heirs or devisees of a decedent's estate to officially waive the requirement for the estate's personal representative to post a bond. Bonds are typically required as a security measure, ensuring that the personal representative fulfills their duties in managing and distributing the estate's assets according to the law and the wishes of the deceased. The AOC-E-404 form contains a statement where an heir or devisee, provided they are over eighteen years of age, acknowledges understanding the implications of forgoing this bond—that is, if the personal representative fails in their duties, there would be no bond to claim against. With such waivers, it's important to note that an explicit requirement for a bond in the will itself cannot be overridden by this form. The AOC-E-404 form necessitates signatures from the involved parties and authorization by court personnel, solidifying its status as a legal document. Through this process, the estate administration can proceed more swiftly, albeit with increased trust placed in the personal representative by the heirs or devisees.

QuestionAnswer
Form NameAoc E 404 Form
Form Length1 pages
Fillable?No
Fillable fields0
Avg. time to fill out15 sec
Other namesform aoc e404, nc aoc e 404 form, form aoc e 404, waiver devisee online

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STATE OF NORTH CAROLINA

County

File No.

In The General Court Of Justice

Superior Court Division

Before The Clerk

IN THE MATTER OF THE ESTATE OF:

Name Of Decedent

WAIVER OF

PERSONAL REPRESENTATIVE'S BOND

G.S. 28A-8-1(b)(6), (8)

I certify that I am an heir/devisee of the above named decedent, and I am over eighteen (18) years of age.

I waive the statutory requirement for bond for the personal representative named below of this estate, who resides in the State of North Carolina, and agree to relieve him/her from the necessity of giving the statutory bond. (NOTE: An express requirement in the will for a bond cannot be waived.)

Name Of Personal Representative

I understand that this means that there will be no bond to go against if the personal representative does not properly administer the estate and distribute the assets to the heirs.

I have read this Waiver, and I fully understand its meaning and effect.

Date

Date

 

 

Name Of Heir/Devisee (Type Or Print)

Name Of Heir/Devisee (Type Or Print)

 

 

 

 

Signature Of Heir/Devisee

Signature Of Heir/Devisee

 

 

SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME

SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME

 

 

 

 

 

 

 

 

 

Date

Signature

 

Date

 

Signature

 

 

 

 

 

 

 

 

 

 

 

Deputy CSC

Assistant CSC

Clerk Of Superior Court

Deputy CSC

Assistant CSC

Clerk Of Superior Court

 

 

 

 

 

 

 

 

 

Date My Commission Expires

 

Date My Commission Expires

 

 

Notary

 

 

 

 

 

 

 

Notary

 

 

 

 

 

 

 

 

 

 

County Where Notarized

 

County Where Notarized

 

 

 

SEAL

 

 

 

 

 

 

 

SEAL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date

 

 

Date

 

 

 

 

 

 

 

 

 

 

 

 

Name Of Heir/Devisee (Type Or Print)

 

Name Of Heir/Devisee (Type Or Print)

 

 

 

 

 

 

 

 

 

 

 

Signature Of Heir/Devisee

 

 

Signature Of Heir/Devisee

 

 

 

 

 

 

 

 

SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME

SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME

 

 

 

 

 

 

 

 

 

Date

Signature

 

Date

 

Signature

 

 

 

 

 

 

 

 

 

 

 

Deputy CSC

Assistant CSC

Clerk Of Superior Court

Deputy CSC

Assistant CSC

Clerk Of Superior Court

 

 

 

 

 

 

 

 

 

 

Date My Commission Expires

 

Date My Commission Expires

 

 

Notary

 

 

 

 

 

 

 

Notary

 

 

 

 

 

 

 

 

 

 

County Where Notarized

 

County Where Notarized

 

 

 

SEAL

 

 

 

 

 

 

 

SEAL

 

 

 

 

 

 

 

 

 

AOC-E-404, Rev. 4/11

Original - File

 

© 2011 Administrative Office of the Courts

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Filling out segment 1 of aoc e 404 estate form

2. Once your current task is complete, take the next step – fill out all of these fields - Date, Date, Name Of HeirDevisee Type Or Print, Name Of HeirDevisee Type Or Print, Signature Of HeirDevisee, Signature Of HeirDevisee, SWORNAFFIRMED AND SUBSCRIBED TO, SWORNAFFIRMED AND SUBSCRIBED TO, Date, Signature, Date, Signature, Deputy CSC Assistant CSC Clerk Of, Deputy CSC Assistant CSC Clerk Of, and Date My Commission Expires with their corresponding information. Make sure to double check that everything has been entered correctly before continuing!

The best way to fill out aoc e 404 estate form step 2

3. The following part is quite straightforward, SWORNAFFIRMED AND SUBSCRIBED TO, Date, Signature, Date, Signature, Deputy CSC Assistant CSC Clerk Of, Deputy CSC Assistant CSC Clerk Of, Date My Commission Expires, Date My Commission Expires, Notary, SEAL, County Where Notarized, County Where Notarized, Notary, and SEAL - all these fields is required to be completed here.

aoc e 404 estate form writing process explained (stage 3)

Always be very attentive while completing Date My Commission Expires and Notary, since this is where a lot of people make errors.

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