Short Answer

In North Carolina, a hearing before the Clerk of Superior Court stays on the calendar unless the clerk signs an order continuing it. A pending motion does not pause or move the hearing. If you do not have a signed continuance order by the hearing time, you and your attorney should appear. To improve your chances, file a written motion with a proposed order, serve all parties, and promptly confirm status with the clerk’s office.

Understanding the Problem

You have a North Carolina estate matter set for a hearing before the Clerk of Superior Court. Your attorney filed a motion to continue shortly before the hearing but has not received a ruling. You want to know if you must still attend and whether you should submit a proposed order with specific language to secure the continuance.

Apply the Law

In estate proceedings, the clerk controls the calendar and hearings proceed as noticed unless continued by order. The rules that automatically apply to estate proceedings are limited, and a continuance takes effect only when the clerk enters an order. The clerk can grant extensions of time for filings, but that is different from moving a hearing date. After the time to respond to a petition expires, any party or the clerk may notice a hearing, and a continued hearing generally requires re‑notice to all parties.

Key Requirements

• Order required: A hearing is continued only when the Clerk of Superior Court signs an order; a pending request does not stop the hearing.
• Appearance if no ruling: If no order is entered by the hearing time, you should appear; the clerk may proceed and rule based on the record.
• Limited rules apply: Only certain civil rules apply automatically in estate proceedings; default rules are not automatic, and the clerk still requires evidence.
• Extensions vs. continuances: The clerk may extend deadlines for filings for good cause or excusable neglect, but that does not automatically move a hearing.
• Notice of new date: If a continuance is granted, someone (often the moving party) must give written notice of the new hearing date to all parties.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2-6 (Estate proceedings procedures) – Sets hearing notice, limited civil rules that apply, and extensions of time.
• North Carolina Gen. Stat. § 7A-103 (Powers of clerk) – Clerk controls proceedings and may enforce orders.
• North Carolina Gen. Stat. § 1-301.3 (Appeals from orders of the clerk) – Confirms formal hearing and order requirements.
• North Carolina Gen. Stat. § 127B-26 (North Carolina Servicemembers Civil Relief Act) – Requires affidavits before judgment when a respondent has not appeared.

Analysis

Apply the Rule to the Facts: Because only a signed order continues a hearing, your motion filed shortly before the hearing does not move the date by itself. If the clerk has not entered an order by the hearing time, you should appear; the clerk can proceed and decide the matter based on evidence in the record. Submitting a proposed order with “good cause shown,” who will re‑notice, and the new date (or that the clerk will set it) helps the clerk act quickly and reduces re‑notice confusion.

Process & Timing

1. Who files: The party seeking more time. Where: Clerk of Superior Court (Estates), in the county where the estate is pending. What: Motion to Continue with a proposed Order Continuing Hearing; serve all parties per Rule 5. When: File as soon as grounds arise; there is no automatic stay—plan to appear unless you receive a signed order before the hearing.
2. Contact the clerk’s office and opposing counsel promptly. If there is consent, note that in your motion and proposed order. Many clerks rule on papers or at calendar call; timing varies by county.
3. If granted, file and serve a Notice of Hearing with the new date/time, as directed in the order. If denied or no ruling by the hearing time, appear and be ready to proceed.

Exceptions & Pitfalls

• Last-minute requests: Continuances close to the hearing require clear good cause; consent from all parties helps.
• Extensions vs. continuances: An extension of a filing deadline under § 28A-2-6(d) does not move a hearing—ask for a continuance order.
• Service and notice: Serve your motion on all parties and clarify in the order who will send re‑notice of any new date.
• Nonappearance: Default rules do not automatically apply; the clerk can still proceed and decide based on evidence if parties do not appear, subject to servicemember protections.
• SCRA affidavits: If an opposing party has not appeared, the clerk may require servicemember status affidavits before entering substantive orders.

Talk to a Probate Attorney

If you’re facing an estate hearing and need a continuance or clarity on the process, 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.