Short Answer

In North Carolina probate matters, you ask for a continuance by filing a written Motion to Continue in the estate case with the Clerk of Superior Court and serving all parties. The clerk decides whether to grant it, usually based on good cause (for example, illness, counsel conflicts, or new counsel). Serve the motion at least five days before the hearing unless the clerk allows shorter notice, and seek a consent continuance if possible.

Understanding the Problem

You have a probate hearing next Tuesday in North Carolina and want to know how to ask the court to continue (reschedule) it. The question is: how do you, as a party or interested person in an estate case, properly request a continuance from the Clerk of Superior Court before the scheduled date?

Apply the Law

Probate hearings in North Carolina are typically held before the Clerk of Superior Court. Estate proceedings follow specific rules that include service and timing requirements for motions. The clerk has broad discretion to control the calendar and may continue a hearing for good cause. Written motions should be served on other parties, and as a baseline, motions should be served at least five days before a hearing unless the clerk shortens that time. Parties can sometimes avoid a contested motion by filing a consent continuance.

Key Requirements

• Good cause: Explain why a continuance is needed (e.g., medical emergency, unavoidable scheduling conflict, recent retention of counsel, or need for more preparation time).
• Prompt, written motion: File a Motion to Continue in the estate file as soon as you know of the conflict; attach supporting details or documents if available.
• Service on all parties: Serve the motion on every party in the estate proceeding using approved methods; include a certificate of service.
• Timing/notice: Serve at least five days before the hearing unless the clerk orders shorter notice; if fewer than five days remain, ask the clerk to shorten time.
• Consent helps: If all parties consent, submit a signed consent motion or proposed consent order to streamline the request.
• Clerk’s discretion: The Clerk of Superior Court decides whether to continue and will weigh fairness and any prejudice to others.

What the Statutes Say

• N.C. Gen. Stat. § 28A-2-6 (Estate proceedings; rules and time) – Sets procedures for estate proceedings, applies key civil rules, and allows the clerk to manage timing.
• N.C. R. Civ. P. 6(d) (Time; notice of motions) – Written motions and notice must be served at least five days before a hearing unless the court orders otherwise.
• N.C. Gen. Stat. § 7A-103 (Powers of clerk) – Clerk has authority to control proceedings and issue orders needed to manage the docket.

Analysis

Apply the Rule to the Facts: With a hearing next Tuesday, file a Motion to Continue immediately and serve all parties. If you are inside the five-day window, ask the clerk to allow shorter notice and seek a consent continuance from the other parties to improve your chances. In your motion, state specific reasons (good cause) and propose a reasonable new date or date range so the clerk can reset the hearing efficiently.

Process & Timing

1. Who files: The party who needs more time. Where: Clerk of Superior Court (Estates Division) in the North Carolina county where the estate is pending. What: Written Motion to Continue (include reasons, any supporting documents, and a certificate of service); a proposed Order can help. When: Serve at least five days before the hearing if possible; if not, file and serve immediately and request shortened notice.
2. Contact the assistant clerk to alert the court to a short-notice request; if all parties agree, submit a consent motion or proposed consent order. The clerk will review for good cause and any prejudice to others. Timeframes vary by county and docket.
3. If granted, you will receive an order or notice resetting the hearing. Calendar the new date and serve any follow-up papers required by the clerk’s office.

Exceptions & Pitfalls

• Short-notice requests: If you are within five days of the hearing, clearly request shortened notice and explain the urgency; follow up with the assistant clerk.
• Service missteps: Failing to serve all parties can delay or sink your request—use an accurate certificate of service.
• No order, no skip: Do not miss the hearing unless you have a signed order continuing it; otherwise, the clerk may proceed without you.
• Military service: If a party is on active duty, additional protections may affect scheduling; the clerk may require information about military status and may stay proceedings.
• Repeat continuances: Multiple requests without solid reasons are disfavored and may be denied.

Talk to a Probate Attorney

If you need to continue an upcoming probate hearing and aren’t sure how to do it correctly, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.