Can I participate in the estate hearing by phone instead of video if I have technical issues? – North Carolina

Short Answer

Often, yes—North Carolina estate hearings that are set for remote appearance can sometimes be joined by phone (audio-only) if video is not working, but it depends on the Clerk of Superior Court’s instructions for that specific hearing. The safest approach is to notify the clerk’s office (or the attorney who noticed the hearing) as soon as the technical problem is known and request an audio-only option or a brief continuance. If the hearing proceeds by approved video platform, the court still must protect fairness and the ability to participate.

Understanding the Problem

In a North Carolina estate special proceeding, an interested party may need to attend a hearing set by the Clerk of Superior Court but may not be able to use video because of device, internet, or platform problems. Can the interested party still appear and be heard by phone (audio-only) so the hearing can go forward, especially when the hearing link is being sent by email and the email address was not on file?

Apply the Law

In North Carolina, many estate matters are heard by the Clerk of Superior Court as a formal proceeding, and the clerk controls how the hearing is conducted and how participants appear. North Carolina law also recognizes that courts may conduct proceedings using approved audio-and-video transmission, with safeguards for fairness and participation. Whether a participant may switch to audio-only typically turns on the clerk’s hearing instructions, the technology being used, and whether the change would impair participation (for example, when exhibits must be shown on screen or a witness must be seen).

Key Requirements

Prompt notice of the issue: The clerk (or the party who scheduled the hearing) usually needs to know about the technical problem before the hearing starts so an audio-only option, reset link, or short delay can be considered.
A workable way to participate: The audio-only method must still allow meaningful participation (hearing what is said, being heard when speaking, and handling exhibits or documents in a fair way).
Compliance with the clerk’s process: Estate hearings are commonly scheduled and noticed through the clerk’s office, and the clerk may require confirmation details (like an email address for the link and dial-in information) and may set conditions for remote appearance.

What the Statutes Say

N.C. Gen. Stat. § 7A-49.6 (Proceedings conducted by audio and video transmission) – Allows judicial officials to conduct proceedings by approved audio-and-video transmission and requires safeguards for fairness and attorney communication.
N.C. Gen. Stat. § 1-301.3 (Appeal of trust and estate matters determined by clerk) – Confirms the clerk decides many estate matters and addresses recording and appeal timing in these clerk-heard proceedings.

Analysis

Apply the Rule to the Facts: The matter involves an interested party in a North Carolina estate special proceeding who needs remote access to a hearing. Because the hearing link is being sent by email and the email address was not on file, the first practical step is getting the correct email address to the scheduling party so the remote access details can be provided. If video does not work, an audio-only appearance may be possible if the clerk’s office (or the party who noticed the hearing) can provide dial-in information and the clerk allows the hearing to proceed that way without undermining participation.

Process & Timing

Who requests audio-only: The interested party (or that party’s attorney). Where: The Clerk of Superior Court handling the estate special proceeding in the county where the estate file is pending. What: A request to appear by telephone (audio-only) or a request for updated remote access instructions; if needed, a request to continue/reschedule due to technical issues. When: As soon as the technical issue is known—ideally before the scheduled start time.
Confirm access details: Provide a reliable email address and a call-back phone number so the clerk’s office (or the noticing party) can send the link, dial-in number, meeting ID, and any passcode, and can confirm the hearing time.
Join and preserve participation: If audio-only is allowed, join early, stay muted when not speaking, and be ready to identify yourself on the record. If exhibits will be discussed, ask how the clerk wants documents shared (for example, emailed in advance or filed so everyone is looking at the same document).

Exceptions & Pitfalls

Some hearings require video to handle exhibits, confirm identity, or take testimony in a way the clerk finds fair; in those situations, the clerk may require video or may continue the hearing instead of allowing audio-only.
Waiting until the hearing start time to mention technical problems can lead to the hearing going forward without participation. Early contact and a clear request for an audio-only option reduces that risk.
Not having a current email address on file can prevent receiving the link and dial-in details. Confirm the email address and ask for a second delivery method (for example, a follow-up phone call with the meeting ID) if available.

Conclusion

In North Carolina estate special proceedings, a remote hearing is typically managed by the Clerk of Superior Court, and an audio-only (phone) appearance may be allowed when video is not working if the clerk’s instructions and fairness concerns can still be met. The most important next step is to promptly provide a reliable email address and request dial-in (audio-only) access from the clerk’s office or the party who scheduled the hearing, before the hearing begins.

Talk to a Probate Attorney

If an estate hearing is coming up and remote access is uncertain because of email or technical problems, a probate attorney can help communicate with the clerk’s office, confirm the hearing details, and request an audio-only option or other relief when appropriate. 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.