Jan102026
Probate Q&A Series

How do I know which documents the title company needs from the estate, and do they have to be certified copies? – North Carolina

Short Answer

In North Carolina, a title company usually needs court-issued proof of who has authority to act for the estate (letters testamentary or letters of administration) and the probate filings that affect title to the real property (often the will and the probate certificate, if there is a will). Whether the copies must be certified depends on what the title company is doing: for internal review, plain copies may be enough, but for recording in the land records or proving probate in another county, certified copies are commonly required. The safest approach is to ask the title company for its written “estate requirements” checklist and then match each item to what the Clerk of Superior Court can issue as certified copies.

Understanding the Problem

In a North Carolina probate matter involving real property, a personal representative often needs to coordinate with a title company to sell or transfer the property. The single decision point is what estate documents the title company will require to clear title and close, and whether the title company will accept regular copies or must have certified copies from the Clerk of Superior Court. This question comes up most often after estate papers have been mailed or faxed and the title company asks for “copies,” without specifying the type of copy or the exact probate documents needed.

Apply the Law

Title companies focus on (1) who has legal authority to sign for the estate and (2) whether the probate record is sufficient to show how title passes. Under North Carolina practice, the Clerk of Superior Court handles probate and issues the official qualification documents (letters). For real estate, recording rules and title standards often drive whether a certified copy is needed, especially when a document must be filed in a different county where the land is located.

Key Requirements

  • Proof of authority: The title company typically needs current letters testamentary (if there is a will) or letters of administration (if there is no will) showing the personal representative is qualified and acting.
  • Proof of the probate status that affects title: If there is a will, the title company often needs the will and the certificate/order of probate so the chain of title matches what is in the court file.
  • Recordable documents when land is involved: If something must be recorded (for example, filing probate in the county where the property sits), the title company commonly requires certified copies suitable for recording.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, estate documents were faxed and mailed and a title company contact requested copies, suggesting a real property transaction or title review is underway. The key “authority” document is the current letters showing who can act for the estate; the key “title” documents are the probate filings that show how the property passes (often the will and probate certificate if there is a will). If the title company needs to record something in the land records or file probate paperwork in the county where the property is located, certified copies are commonly required; if the request is only to review the file while the inventory is being prepared, plain copies may be acceptable.

Process & Timing

  1. Who requests documents: The personal representative (or the probate attorney on the personal representative’s behalf). Where: The Clerk of Superior Court (Estates) in the county where the estate is opened; and, if the real property is in a different county, the Clerk of Superior Court in the county where the real property lies for any required filings. What: Ask for certified copies of the letters (testamentary/administration) and, if applicable, a certified copy of the will and the certificate of probate. When: As soon as the title company provides its checklist; if real property is in another county, certified copies for filing should be obtained early to avoid closing delays.
  2. Confirm the title company’s purpose: Ask whether the documents are for (a) underwriting/review, (b) recording, or (c) satisfying a lender. Recording and lender conditions more often require certified copies.
  3. Deliver and track: Send the title company the exact items requested, label them clearly (e.g., “Certified Letters,” “Certified Will + Probate Certificate”), and keep a copy of the transmittal so the estate file shows what was provided and when.

Exceptions & Pitfalls

  • “Copy” does not always mean “certified copy”: Title companies often use “copy” loosely. A plain PDF may work for review, but recording-related steps commonly require certified copies from the Clerk.
  • Real property in a different North Carolina county: When the will was probated in one county but the land is in another, North Carolina law can require filing certified copies in the county where the land lies to protect title. See N.C. Gen. Stat. § 31-39.
  • Outdated letters: Some title companies want recently issued letters (or confirmation the estate is still open). Sending older letters without confirming current status can trigger a re-request and delay.
  • Sending the wrong probate document set: A title company may need the probate certificate/order in addition to the will itself. Providing only the will (or only the letters) may not satisfy underwriting.
  • Inventory timing confusion: The inventory is an estate administration filing and may help confirm assets, but it is not always the document that clears title for a closing. The title company’s checklist should control what is needed for the transaction.

Conclusion

In North Carolina, a title company usually needs proof of the personal representative’s authority (letters) and the probate documents that affect title to the real property (often the will and probate certificate). Plain copies may be enough for review, but certified copies are commonly required when a document must be recorded or filed in the county where the land is located. The next step is to request the title company’s written estate-document checklist and then obtain any needed certified copies from the Clerk of Superior Court before the closing timeline tightens.

Talk to a Probate Attorney

If you’re dealing with a North Carolina estate that involves real property and a title company is asking for documents, our firm has experienced attorneys who can help you understand what to provide, what must be certified, and how to avoid closing delays. 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: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.