Short Answer

In North Carolina, you can probate an out-of-state will that is not self-proving by proving its valid execution and genuineness to the Clerk of Superior Court. If the original witnesses are hard to find, the clerk may accept substitute proof—such as handwriting affidavits and other competent evidence—and witness affidavits taken before out-of-state notaries. If the will was already probated elsewhere, you may file certified copies in the North Carolina county where assets are located.

Understanding the Problem

You want to know whether, and how, you can probate in North Carolina an out-of-state will that is not self-proving. The key decision is whether you can supply the proof the Clerk of Superior Court needs to admit the will when original witnesses are difficult to locate.

Apply the Law

North Carolina recognizes wills executed in other states if they meet specific validity rules. A non-self-proving will must be proven with testimony or affidavits that establish due execution and genuineness. The Clerk of Superior Court is the forum for probate. If the will has already been probated in another state, certified copies of that will and the foreign probate can be filed in the North Carolina county where the decedent had property. An executor may apply at any time; if the named executor does not apply within 60 days of death, any interested person may apply after giving the executor 10 days’ notice.

Key Requirements

• Validity of an out-of-state will: The will is valid in North Carolina if its execution complied with the law of the place of execution or the decedent’s domicile, or with North Carolina’s own execution rules.
• Proof when not self-proving: Provide testimony of two attesting witnesses; or if only one is available, add handwriting proof of an unavailable witness and the testator; or, if no witness is available, provide handwriting proof of at least two witnesses plus the testator, and any other evidence that satisfies the clerk.
• Witness unavailability and remote affidavits: A witness may be deemed unavailable (for example, deceased, out of state, cannot be found, refuses to testify, incompetent, or physically unable), and witness examinations may be taken by affidavit before an out-of-state notary.
• Who may file and when: The named executor may apply immediately; if not, after 60 days any interested person may apply upon 10 days’ written notice to the executor.
• If already probated elsewhere: File certified copies of the will and the foreign probate to pass North Carolina property if the clerk is satisfied the will was duly executed under the recognized rules.

What the Statutes Say

• North Carolina Gen. Stat. § 31-46 (Validity of out-of-state wills) – Recognizes wills executed under the law of the place of execution or domicile (among other bases).
• North Carolina Gen. Stat. § 28A-2A-8 (Proof of attested will) – Sets out proof methods when a will is not self-proving, including substitute handwriting proof.
• North Carolina Gen. Stat. § 28A-2A-16 (Witness examination by affidavit) – Allows witness affidavits before out-of-state officers authorized to administer oaths.
• North Carolina Gen. Stat. § 31-42 (Anti-lapse) – If a qualifying beneficiary predeceases, the gift may pass to that beneficiary’s issue unless the will shows a contrary intent.

Analysis

Apply the Rule to the Facts: Because the will is not self-proving and witnesses are hard to locate, you can use substitute proof: affidavits from any available witness plus handwriting affidavits for an unavailable witness and the testator, or handwriting affidavits if no witness is available, with any other competent corroboration. If the named executor renounces, the clerk can appoint an administrator with the will annexed to handle the brokerage account and co-owned real estate. The anti-lapse rule routes a predeceased beneficiary’s share to their children unless the will says otherwise. A joint bank account with survivorship typically passes outside probate.

Process & Timing

1. Who files: The named executor; if she does not apply within 60 days, any interested person after 10 days’ notice to her. Where: Clerk of Superior Court in the North Carolina county of residence or where NC property is located. What: File the original will, AOC-E-201 (Application for Probate and Letters) with AOC-E-309 (Addendum for Out-of-State Will), and witness/handwriting affidavits (AOC-E-300/E-301); or, if already probated elsewhere, file certified copies of the will and foreign probate. When: Executor may apply immediately; others after the 60-day window with 10 days’ notice.
2. The clerk reviews the filings. If witnesses are unavailable, submit handwriting affidavits and any additional proof. Witness examinations may be taken by affidavit before an out-of-state notary and sent to the clerk. Timeframes vary by county.
3. If admitted to probate, the clerk issues a Certificate of Probate (AOC-E-304) and, if qualification is requested, Letters Testamentary or Letters of Administration C.T.A. The clerk mails Notices to Beneficiaries (AOC-E-405). Use letters to deal with the brokerage account and real property expenses; survivorship accounts typically pass outside the estate.

Exceptions & Pitfalls

• Already probated elsewhere: If a foreign court has probated the will, filing certified copies of the will and the probate there may be the fastest way to pass North Carolina property.
• When witnesses can’t be found: Use handwriting affidavits for at least two witnesses and the testator, plus any other reliable proof; an attestation clause helps corroborate due execution.
• Service and affidavits: Have out-of-state witnesses complete the AOC witness affidavits before a local notary; transmit originals to the clerk as required.
• Renunciation and replacement: If the named executor lacks capacity or renounces, ask the clerk to appoint an administrator with the will annexed so asset management isn’t delayed.
• Anti-lapse details: A predeceased beneficiary’s share may pass to their children unless the will clearly says otherwise.
• Non-probate assets: Joint accounts with survivorship usually pass outside the estate; confirm titling and beneficiary designations before assuming probate control.
• Contests: After probate in common form, an interested party can file a caveat within three years; consider probate in solemn form to bind properly served parties sooner.

Talk to a Probate Attorney

If you’re dealing with an out-of-state will that isn’t self-proving and need to open probate in North Carolina, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

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.