Dec202025
Probate Q&A Series

What do I need to fix in probate paperwork when a will wasn’t properly signed? – North Carolina

Short Answer

In North Carolina, a will generally must be properly executed (signed by the person who made it and attested by at least two competent witnesses) before the Clerk of Superior Court can admit it to probate and issue letters to the executor. If the initial filing was rejected because signatures were missing, copied, or otherwise not in the form the clerk needs, the fix usually involves supplying the original will and the correct witness proof (often witness affidavits) or, if the will cannot be proved as valid, switching the estate to an intestate administration (no will). Because almost two years have passed, timing can matter for real estate and creditors, so delays should be addressed promptly.

Understanding the Problem

In North Carolina probate, can a will be admitted and an executor be appointed when the Clerk of Superior Court rejects the initial probate filings due to improper signatures on the will or on the probate paperwork? The key issue is whether the document offered as the will meets North Carolina’s signing and witnessing requirements (or can be proved to the clerk’s satisfaction), and if it does not, what paperwork and procedural track should be used to move the estate forward. When probate is stalled for a long period and the estate includes real property with a reverse mortgage, the need to qualify a personal representative and clarify authority to deal with the property can become urgent.

Apply the Law

North Carolina treats an attested written will as valid only if it was signed by the testator and attested by at least two competent witnesses. If the will is “self-proved” (meaning it includes a proper notary-backed acknowledgment and witness affidavits), the clerk can usually admit it without locating the witnesses. If the will is not self-proved, the clerk commonly requires proof from the attesting witnesses (often by affidavit on the required court forms). If the original will cannot be produced with original signatures, or if the required witnessing did not actually occur, the estate may need to proceed as intestate (no valid will) or, in some situations, through a separate proceeding to establish a lost or destroyed will.

Key Requirements

  • Valid execution: The will must be signed by the person making the will and witnessed by at least two competent witnesses in the manner North Carolina law requires.
  • Proof acceptable to the clerk: The Clerk of Superior Court must receive the right proof to admit the will (for example, a self-proving affidavit package, or witness affidavits when the will is not self-proved).
  • Original-signature instrument (in ordinary probate): For routine probate of an attested written will, the will offered typically must contain original signatures rather than copied signatures; if only a copy exists, a different procedure may be required.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the Clerk of Superior Court rejected the initial probate filings due to improper signatures, which points to a proof problem rather than a simple delay. If the issue is missing witness signatures, copied signatures, or a missing original will, the clerk may not be able to admit the will in routine probate until the estate supplies acceptable proof (such as proper witness affidavits or a self-proving package). Because the death occurred almost two years ago and the estate includes real property, the estate should treat the timing issue as important for protecting the will’s effectiveness against certain third parties and for moving creditor and administration deadlines forward.

Process & Timing

  1. Who files: The named executor in the will (or, if the will cannot be probated, the person entitled to serve under intestacy rules). Where: The Clerk of Superior Court (Estates) in the county where the estate is being administered. What: A corrected application to probate the will and qualify, plus the proof the clerk requires (commonly the original will and witness affidavits on the appropriate AOC forms; if the will is self-proved, the self-proving affidavit language and notary seal/certificate must be in proper form). When: As soon as possible; for real property issues, the two-year timing referenced in N.C. Gen. Stat. § 31-39 can matter in some cases.
  2. If witnesses must be located: When a will is not self-proved, the clerk typically requires affidavits from the attesting witnesses; if a witness cannot be found or cannot testify, the estate may need to document the efforts to locate the witness and provide other competent proof that the will was properly executed.
  3. If the will cannot be proved as valid: The estate may need to pivot to an intestate administration so a personal representative can be appointed, creditor notice can proceed, and decisions about the reverse-mortgage property can be made with clear court authority.

Exceptions & Pitfalls

  • “Improper signatures” may mean different problems: A missing testator signature, missing witness signatures, or a will that was never witnessed correctly is different from a probate application that was signed in the wrong place or not properly notarized. The fix depends on which document was deficient.
  • Copies vs. originals: In ordinary probate of an attested written will, the clerk generally expects an original will with original signatures. When only a copy exists, the estate may need a different procedure (often treated like a lost or destroyed will), which requires stronger proof and can take more time.
  • Self-proving is not retroactive unless done correctly: A will can sometimes be made self-proved after execution, but that process requires the testator and attesting witnesses to complete sworn statements before an authorized officer. That is usually not possible after death, so estates often must rely on witness affidavits or other proof.
  • Real estate pressure points: A reverse mortgage can drive deadlines and fees outside probate control. Even when the house may not sell for enough to cover the reverse mortgage plus fees, the estate still needs clear authority to communicate with the lender, evaluate repair/sale options, and decide whether letting the property go to foreclosure is the least harmful choice.
  • Will contests and family friction: Once a will is admitted (often in common form), interested persons may still challenge it within the statutory caveat period. Delays and signature defects can increase conflict risk, so the probate record should be clean and well-supported.

Conclusion

In North Carolina, a will that was not properly signed and witnessed (or cannot be proved to the Clerk of Superior Court’s satisfaction) will not be admitted to probate until the signature and proof defects are corrected. The usual fixes are supplying the original will with original signatures and providing proper witness proof (or using a different proceeding if the original is missing). With real property involved, timing can matter, including the two-year limitation discussed in N.C. Gen. Stat. § 31-39. Next step: file a corrected probate application with the Clerk of Superior Court and include the required witness proof promptly.

Talk to a Probate Attorney

If a North Carolina estate is stuck because the clerk rejected probate filings for signature problems, and the estate also has real estate issues like a reverse mortgage, an attorney can help identify the exact defect, choose the correct probate track, and map out deadlines. 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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.