What legal options are available if a family member is refusing to submit a will for probate?
Detailed Answer
When a family member holds a loved one’s original will and refuses to turn it over, beneficiaries and other interested parties have several legal remedies under North Carolina law. Acting promptly helps protect the decedent’s wishes and preserve estate assets.
1. Present the Will for Probate
Under N.C.G.S. § 28A-2-1 (link), any person with an interest in the estate—including beneficiaries—may present a will to the clerk of superior court for probate. If you know who has the will, start by requesting they submit it to the court.
2. Seek a Citation to Produce the Will
If the holder refuses, the clerk can issue a citation compelling production under N.C.G.S. § 28A-2-3 (link). The citation orders the person to appear and bring the original will. Failure to comply can lead to contempt of court.
3. Petition to Admit a Lost or Destroyed Will
When someone claims the will is lost or destroyed, you can petition to admit a copy or reconstruct the will under N.C.G.S. § 28A-2-4 (link). You must explain the absence of the original and present credible evidence of its contents and proper execution.
4. File a Civil Action for Recovery of Property
In some cases, beneficiaries may file an action for replevin or injunctive relief if the family member wrongfully withholds the will. This remedy can recover the original document outside the probate context.
5. Proceed with Intestate Administration
If the will remains unavailable, you can petition the court for letters of administration. The estate will then be distributed according to intestacy rules under N.C.G.S. § 29-14 (link).
Key Takeaways
- As an interested party, you have the right to present a will for probate under N.C.G.S. § 28A-2-1.
- The clerk of superior court can issue a citation to produce the will under N.C.G.S. § 28A-2-3 and enforce compliance.
- If the original will is lost or destroyed, you can seek to admit a copy under N.C.G.S. § 28A-2-4.
- Beneficiaries may file civil actions for replevin or injunctive relief to recover the will.
- When the will never surfaces, you can administer the estate intestate under N.C.G.S. § 29-14.
Facing a family member’s refusal to submit a will can delay administration and complicate estate distribution. Pierce Law Group offers dedicated attorneys ready to protect your loved one’s intentions and guide you through probate. Contact us at intake@piercelaw.com or call (919) 341-7055 for trusted guidance and support.
