Short Answer

In North Carolina, your Application for Probate and Letters (AOC-E-201) must list the decedent’s heirs and the will’s devisees who actually take under the will. A will clause about insurance that no longer exists does not add anyone to name because that gift fails. A person named only as a contingent beneficiary (and whose contingency did not occur) is not listed as a devisee. If someone is misidentified as a “grandchild,” whether to list them turns on whether they are named individually or only included as a class gift.

Understanding the Problem

You are asking, in North Carolina, whom you must list on the AOC-E-201 when applying to be executor. You need to know whether to include: (1) a person described in the will as a “grandchild” who is not actually a grandchild, (2) your child who is mentioned only if you had predeceased the decedent, and (3) anyone tied to an insurance clause where the policies no longer exist. One salient fact: one listed “grandchild” is not related as stated.

Apply the Law

North Carolina requires the applicant to identify, in the AOC-E-201, the decedent’s heirs (those who would take if there were intestacy) and the devisees (beneficiaries who actually take under the admitted will). The Clerk of Superior Court is the forum. After a will is admitted, the clerk mails notice to beneficiaries whose addresses are known. If others with an equal or higher right to serve have not renounced, the clerk may require advance notice before issuing letters. An executor generally should move forward within 60 days of death, or others may apply.

Key Requirements

• List the right people: Include the decedent’s heirs and any devisees who presently take under the will; provide names, ages, and mailing addresses, if known.
• Contingent-only gifts: Do not list a contingent beneficiary as a devisee if the contingency did not occur.
• Obsolete gifts: If a gift refers to property that no longer exists (e.g., lapsed insurance), that gift fails and does not create a devisee to list.
• Misdescription vs. class gift: A named individual takes despite a mistaken label (e.g., “my grandchild”); a pure class gift to “my grandchildren” includes only true grandchildren.
• Verified filing and corrections: The AOC-E-201 is a sworn affidavit; correct errors by filing a notarized corrected application or supplemental sworn statement.
• Minors/guardians: If any listed heir or devisee is a minor, include guardian information if known.

What the Statutes Say

• N.C. Gen. Stat. § 28A-6-1 (Application for letters) – Application must list heirs and devisees, with ages and mailing addresses if known.
• N.C. Gen. Stat. § 28A-2A-3 (Notice to beneficiaries) – Clerk mails notice to beneficiaries after admitting the will to probate.
• N.C. Gen. Stat. § 28A-6-2 (Notice before issuing letters) – Prior written notice can be required for those with equal or higher appointment rights.
• N.C. Gen. Stat. § 28A-2A-2 (Failure of executor to apply) – If a named executor doesn’t act within 60 days, an interested person may apply after notice.

Analysis

Apply the Rule to the Facts: As the applicant for executor, you must list the decedent’s actual heirs and any beneficiaries who presently take under the will. Your child was named only if you predeceased the decedent, which did not occur, so your child is not a devisee. The insurance clause points to policies that no longer exist; that gift fails, so it does not add anyone to list. The person mistakenly labeled a “grandchild” should be listed if they are a named individual beneficiary; if the will instead gives to the class “grandchildren,” a non-grandchild is not a devisee and should not be listed.

Process & Timing

1. Who files: The named executor. Where: Clerk of Superior Court in the county of the decedent’s domicile. What: AOC-E-201 (Application for Probate and Letters). When: Aim to apply within 60 days of death; if others with equal/higher right to serve have not renounced, provide 15 days’ notice if required.
2. After admission of the will, the clerk issues AOC-E-304 (Certificate of Probate) and mails AOC-E-405 (Notice to Beneficiary) to beneficiaries whose addresses are known.
3. If you discover naming errors, file a notarized corrected AOC-E-201 or a supplemental sworn statement to update heirs/devisees; upon qualification, the clerk issues Letters Testamentary (AOC-E-403).

Exceptions & Pitfalls

• If a gift is to a class (e.g., “my grandchildren”), only true members of the class are devisees; do not list non-class members.
• Do not list contingent beneficiaries whose conditions did not occur; doing so can cause confusion and misdirected notices.
• Always list actual heirs under intestacy rules even in a will estate; failing to do so can delay qualification.
• Provide guardian information for any minors; missing guardian details can delay issuance of letters.
• County practices vary; some clerks may request a brief family history to confirm heirs and class gifts. Ask the clerk if additional information is needed.

Talk to a Probate Attorney

If you’re dealing with who to list on North Carolina’s probate application and how to correct names tied to contingent or obsolete gifts, 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.