Do I need a certified copy of the will, or is a scanned copy enough to move the probate case forward? – North Carolina

Short Answer

In North Carolina, a scanned copy of a will is usually helpful for review, but it is not the same as filing the will for probate. To move a probate case forward with the Clerk of Superior Court, the clerk typically needs the original will on file or a certified copy that the clerk can treat as an official court record. If the original will exists in the clerk’s physical file, the next step is usually to get that original formally submitted and admitted to probate, after which certified copies can be issued for banks, title work, and recording in other counties.

Understanding the Problem

In North Carolina probate, the key question is whether the Clerk of Superior Court will accept a scanned copy of a will to take the next step in the estate case, such as opening the estate file, admitting the will to probate, and issuing letters. The decision point is whether the will being provided is an official original will on file with the clerk (or an official certified copy that substitutes for the original in limited situations), versus an informal scan that is useful for viewing but does not carry the same legal status for probate processing.

Apply the Law

North Carolina probate is handled through the office of the Clerk of Superior Court (Estates). To admit a will to probate, the clerk must be satisfied that the document offered is the decedent’s will and that it was properly executed and proved. A scanned copy can help the clerk and the parties identify what exists and what needs to be filed, but a scan by itself usually does not replace the original will or an officially certified copy when the law requires a certified record.

Key Requirements

Proper document for probate: The clerk generally expects the original will to be filed and examined as part of the probate process. A copy may be used only in specific situations where the law allows a substitute for the original.
Proof the will should be admitted: The clerk must have enough proof of due execution and that the writing offered is the last will before issuing a certificate of probate and moving the estate forward.
Certified copies for “official use” after probate: Once the will is admitted, the clerk can issue certified copies that are commonly required for third parties and for recording in counties where the decedent owned real estate.

What the Statutes Say

N.C. Gen. Stat. § 98-4 (Copy of lost will may be probated) – Allows probate of a copy in narrow situations involving lost or destroyed will records, with a clerk’s certificate and additional proof requirements.
N.C. Gen. Stat. § 98-5 (Copy of lost will as evidence; letters to issue) – Addresses use of certified records as evidence and authorizes issuance of letters when a copy is admitted to probate.
N.C. Gen. Stat. § 8-28 (Copies of wills) – Provides that duly certified copies of wills may be used as evidence in proceedings where the will’s contents matter.

Analysis

Apply the Rule to the Facts: Here, the original will exists and was located in a physical file at a records office, but it has only been recorded and not probated. A scan uploaded to a secure portal can be enough to confirm what the will says and to prepare the probate paperwork, but the probate case typically moves forward when the Clerk of Superior Court has the original will in the estate file (or, in limited “copy” situations, an officially certified copy that meets statutory requirements). Because the original appears to exist, the usual path is to have that original will formally offered to the clerk for probate rather than relying on a scan.

Process & Timing

Who files: The person named as executor in the will (or another qualified applicant if the named executor cannot or will not serve). Where: The Estates Division in the Office of the Clerk of Superior Court in the county where the estate is opened in North Carolina. What: An application to probate the will and (if needed) to be appointed personal representative, typically on North Carolina AOC estate forms used by the clerk (commonly an Application for Probate and Letters). When: As soon as practical after death and once the original will can be submitted to the clerk; local scheduling and intake practices vary by county.
Clerk review: The clerk reviews the will and the supporting information/affidavits required by local practice to determine whether there is sufficient proof to admit the will to probate. If the clerk needs the original, a scan will not cure that issue.
After probate: If the will is admitted, the clerk issues a certificate of probate and (if a personal representative qualifies) letters. At that point, certified copies of the probated will can be requested for third parties and for recording in other counties when real estate is involved.

Exceptions & Pitfalls

Recorded vs. probated: A will can be recorded or located in a file but still not be admitted to probate. Many next steps (letters, authority to act, certified probate copies) usually require probate, not just recording.
“Copy probate” is narrow: North Carolina law allows probate of a copy in limited situations (such as lost/destroyed will records) and typically requires a clerk’s certification and additional proof. A simple scan from a portal is not the same as a certified copy.
Certified copies are often required for real estate and institutions: Even after probate starts, many organizations will not accept a scan. They often require a certified copy issued by the clerk, and real estate-related steps may require certified copies for recording in counties where property is located.
Do not assume the “original” is the same as the “official original”: If the will is in a records office file, confirm whether it is the original wet-ink will and whether it is in the Clerk of Superior Court’s custody for probate purposes. Misunderstanding where the original is held can delay intake.

Conclusion

In North Carolina, a scanned copy of a will is usually not enough by itself to move a probate case forward because the Clerk of Superior Court generally needs the original will on file (or, in limited situations, an official certified copy that meets statutory requirements). When the original will exists in a physical file, the most direct path is to file that original with the clerk and submit the probate application so the clerk can admit the will and issue the certificate of probate and letters. The next step is to file the probate application with the Clerk of Superior Court as soon as the original will can be submitted.

Talk to a Probate Attorney

If a will was found after it was missing in the system and the estate needs probate opened without more delays, a probate attorney can help confirm what the Clerk of Superior Court will require in that county and prepare the filing so the will can be admitted and certified copies can be obtained when needed. 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.