Short Answer

In North Carolina, probate records are kept by the Clerk of Superior Court in the county where the estate was opened. Most estate filings (such as a probated will, Letters Testamentary/Administration, inventories, and accountings) are public once filed, and you can request copies in person, by mail, or in some counties online. Ask for certified copies if you need them for land title or to file in another county. Fees apply, and a few limited records may be sealed by law.

Understanding the Problem

You need to know where and how to get a probate record in North Carolina. A title search company representative wants copies of probate documents from a North Carolina county to verify title for a transaction. The question is: how do you request those records from the Clerk of Superior Court and get the right form of copy (plain or certified) for your use?

Apply the Law

North Carolina probate files are maintained by the Clerk of Superior Court, Estates Division, in the county where the estate was probated. Once a will is admitted to probate, the original stays with the clerk and becomes part of the public court record; certified copies can be issued and used to record in other counties if needed for real property. Court records are generally open to public inspection, subject to specific statutes that allow sealing or restrict access to certain filings. There is no fixed deadline to request copies, but timing can matter for real estate closings and for recording certified documents in other counties.

Key Requirements

• Identify the correct county: Find the county where the decedent’s estate was opened; probate is county-specific.
• Know the file details: Provide the decedent’s full name, date of death (if known), and the estate file (E-file) number if available.
• Request the right documents: Common items include the probated will and certificate of probate, Letters Testamentary/Administration, inventories, and accountings.
• Choose plain vs. certified copies: Certified copies are typically required for title work and for filing in other counties or states.
• Budget for fees: Per-page and certification fees are set by law and can change; check current costs with the clerk.
• Watch for limited confidentiality: Pre-probate wills held for safekeeping are not public, and some proceedings (e.g., certain living probate filings) may be sealed during the testator’s life.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2A-13 (Probated wills kept by clerk; certified copies) – Original probated wills remain with the clerk; certified copies may be filed in other counties.
• North Carolina Gen. Stat. § 7A-109 (Clerk recordkeeping and public inspection) – Court records are maintained by the clerk and generally open to public inspection; copies and fees are governed by law.
• North Carolina Gen. Stat. § 31-39 (Recording wills in other counties) – Sets rules and timing affecting effectiveness of a probated will as to real property in other counties.
• North Carolina Gen. Stat. § 28A-2B-5 (Sealing of living probate records) – Allows sealing certain living probate records during the testator’s lifetime.

Analysis

Apply the Rule to the Facts: A title search representative usually needs a certified copy of the probated will and certificate of probate and/or Letters Testamentary from the county where the estate was opened. Because probated wills are public and remain with the Clerk of Superior Court, the representative can request copies directly from that county’s Estates Division. If the property is in another North Carolina county, a certified copy should be recorded there to update the chain of title.

Process & Timing

1. Who files: Any requester (e.g., title searcher). Where: Clerk of Superior Court, Estates Division, in the North Carolina county where the estate was probated. What: Request copies of the probated will and certificate of probate, Letters Testamentary/Administration, inventories, or accountings; ask for certified copies if needed. Some clerks accept requests in person, by mail, or by email/online—confirm with the county. When: No statutory deadline; allow processing time, which can vary by county and file age.
2. The clerk locates the estate “E” file using the decedent’s name or file number. You pay per-page and certification fees. Many requests are fulfilled same day or within a few business days, but older/archived files may take longer.
3. If needed for land records: Record the certified will and certificate of probate with the Clerk of Superior Court in any other North Carolina county where the decedent owned real property to ensure the title chain reflects the will.

Exceptions & Pitfalls

• Wrong county: Probate is county-based. If you ask the wrong clerk, they won’t have the file. Confirm the decedent’s county of probate first.
• Pre-probate or safekept wills: A will deposited for safekeeping before probate is not public and generally cannot be copied until admitted to probate.
• Sealed materials: Certain living probate filings may be sealed during the testator’s life; those are not available to the public until unsealed by law or court order.
• Certification matters: For title work or to file in another county or state, request certified (or exemplified, if required out of state) copies—not plain photocopies.
• Fees change: Copy and certification fees can change; check the current fee schedule with the clerk before submitting a mail or online request.

Talk to a Probate Attorney

If you’re dealing with getting probate documents for a real estate transaction or title search, 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.