North Carolina Probate Form AOC-E-404

Waiver of Personal Representative's Bond

This page is for educational purposes only and is not legal advice. Forms and requirements change frequently — verify the current version with your local probate court or an attorney.

Last updated: June 1, 2026
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About Waiver of Personal Representative's Bond

Allows heirs/devisees to waive the statutory bond requirement for a personal representative administering an estate.

When you'd use it: File this when heirs/devisees consent to release the personal representative from the requirement to post a bond under North Carolina law.

Where to get the official form

The official version of Waiver of Personal Representative's Bond is published as a PDF by the North Carolina courts. We checked this link and it resolved to a form on an official court or government website — always download the current version directly from the source rather than a third-party copy:

Verified official PDF

Download Waiver of Personal Representative's Bond (PDF) →

Source: nccourts.gov

Link last checked: May 31, 2026

How to file Waiver of Personal Representative's Bond in North Carolina

  1. Step 1Confirm you have the correct formUse Waiver of Personal Representative's Bond (AOC-E-404) when file this when heirs/devisees consent to release the personal representative from the requirement to post a bond under North Carolina law. Double-check it's the right form for your situation — North Carolina probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
  2. Step 2Complete every required fieldFill out Waiver of Personal Representative's Bond carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
  3. Step 3Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
  4. Step 4File it with the correct courtSubmit Waiver of Personal Representative's Bond to the probate court or county clerk handling the estate — usually in the North Carolina county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).

Working through the Waiver of Personal Representative's Bond? SwiftProbate builds a personalized, step-by-step checklist for settling the estate — so you know which forms to file, in what order, and by when.

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Probate in North Carolina

See the full North Carolina probate guide for filing deadlines, small-estate options, timelines, costs, and county courthouse details.

Read the North Carolina probate guide →

Frequently Asked Questions

What is Waiver of Personal Representative's Bond (AOC-E-404)?
Allows heirs/devisees to waive the statutory bond requirement for a personal representative administering an estate. You'd typically use it when file this when heirs/devisees consent to release the personal representative from the requirement to post a bond under North Carolina law.
Where do I file Waiver of Personal Representative's Bond in North Carolina?
Probate forms are filed with the probate court or county clerk in the North Carolina county where the deceased person lived. Our North Carolina probate guide can help you find the right courthouse, filing fees, and local requirements.
Do I need a lawyer to complete Waiver of Personal Representative's Bond?
Many people complete probate forms themselves, especially for smaller or uncontested estates. Complex estates may benefit from professional advice. SwiftProbate is an informational tool that helps you understand and organize the process — it is not a law firm and does not provide legal advice.
Is Waiver of Personal Representative's Bond available online?
Most North Carolina probate forms are published as PDFs by the state courts or the county clerk. You can find the official source linked above.

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Disclaimer: This page is for informational purposes only and does not constitute legal advice. Probate forms and requirements vary by state, county, and individual circumstances, and change over time. Always verify the current form and instructions with your local probate court, and consult a qualified attorney for advice specific to your situation. SwiftProbate is not a law firm and does not provide legal representation.