How do I pay the certification fee and request certified copies for my year’s allowance order online? – North Carolina

Short Answer

In North Carolina, certified copies for a year’s allowance (often handled using the AOC “Application and Assignment Year’s Allowance” form) are usually issued by the Clerk of Superior Court in the estate county, with a small per-copy certification charge. Whether the fee can be paid and the certified copies can be requested fully online depends on the county’s Clerk’s Office and whether the estate is in an eCourts county. In many cases, even if the underlying filing is electronic, certified copies are requested from (and issued by) the Clerk’s Office, and timing varies by county.

Understanding the Problem

In a North Carolina estate, after an order or signed paperwork awards a year’s allowance, the next practical question is how to obtain certified copies and pay the certification fee without going in person. The decision point is whether the Clerk of Superior Court in the estate’s county accepts online requests and payment for certified copies of the year’s allowance paperwork (or order) in that particular estate file. The actor is the petitioner (or the petitioner’s attorney) requesting certified copies from the Clerk’s Office so the certified copies can be used to transfer specific assets that were allotted.

Apply the Law

North Carolina law sets court and clerk fees by statute. For a year’s allowance proceeding, a clerk-related fee applies, and an additional per-document fee commonly applies for certified copies. In practice, lawyers often bring (or submit) multiple copies of the year’s allowance paperwork so the Clerk can certify the number needed to transfer different assets (for example, separate certified copies for different financial institutions). The Clerk of Superior Court (Estates) in the county where the estate is pending is the office that typically issues certified copies from the estate file.

Key Requirements

Identify the correct record to certify: The request must clearly specify what needs certification (for example, the signed “Application and Assignment Year’s Allowance” or the year’s allowance order in the estate file) and how many certified copies are needed.
Request through the correct office: Certified copies are typically handled by the Clerk of Superior Court in the county where the estate is open (often the Estates division).
Pay the correct fee: A year’s allowance matter can have a statutory fee, and certified copies generally have a per-copy certification fee. County practice can affect whether copies are charged, how payment is collected, and whether online payment is accepted.

What the Statutes Say

N.C. Gen. Stat. § 7A-309 (Magistrate’s special fees) – Includes a fee schedule item for hearing a petition for year’s allowance and related actions.

Analysis

Apply the Rule to the Facts: Here, an attorney prepared a year’s allowance petition for an heir in an open North Carolina estate. If the Clerk has signed the year’s allowance paperwork or entered an order, certified copies usually come from the Clerk of Superior Court where the estate file is maintained. The number of certified copies typically depends on how many separate asset holders will require a certified copy before releasing or retitling property.

Process & Timing

Who files: The petitioner or the petitioner’s attorney. Where: Clerk of Superior Court (Estates) in the county where the estate is open. What: A request for certified copies of the signed year’s allowance paperwork/order from the estate file, including the exact number of certified copies needed. When: After the Clerk signs/enters the year’s allowance paperwork or order; many offices can process requests within days, but timing varies by county and workload.
Pay the certification and copy charges: If the county allows online payments for record requests, payment is typically made through the county Clerk’s established process (which may include an online portal, email instructions, or a payment link). If online payment is not available, the Clerk’s Office may require payment by mail or in person (often by certified check, money order, or other method required locally).
Receive the certified copies: Depending on county practice, certified copies may be picked up, mailed, or (less commonly) provided through a secure electronic method. The certified copies are then used with third parties (like banks or transfer agents) to carry out the transfers described in the year’s allowance paperwork/order.

Exceptions & Pitfalls

County-by-county differences: Some Clerk’s Offices waive or do not charge for certain copies, while others charge per certified copy; online request and online payment options also vary by county.
Not requesting enough certified copies: A common problem is requesting only one certified copy when multiple institutions each require their own certified copy. It is often more efficient to request the full number needed at the same time.
Requesting the wrong document: Third parties usually want a certified copy of the signed award document in the estate file (not an unsigned draft). Make sure the request identifies the signed document and the date it was entered/signed.
Estate file access limits: Even in counties with electronic filing, certified copies may still require Clerk issuance and a certification stamp/seal process that is handled outside the e-filing workflow.

Conclusion

In North Carolina, certified copies of year’s allowance paperwork or an order usually must be issued by the Clerk of Superior Court (Estates) in the county where the estate is open, and certified copies generally involve a per-copy certification charge set by statute and local practice. Online requesting and online payment are county-dependent and may not be available for every estate file. The most practical next step is to contact the estate county Clerk’s Office and submit a request specifying the exact document and number of certified copies needed.

Talk to a Probate Attorney

If a year’s allowance has been entered and certified copies are needed to transfer assets, our firm has experienced attorneys who can help clarify what to request from the Clerk’s Office and what timelines to watch in the estate. 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.