How to Verify if an Estate Is Open and Obtain a Copy of the Will in North Carolina
Detailed Answer
When a person dies, their estate often goes through probate. Probate is the court-supervised process that validates a will, identifies estate assets, pays debts and distributes the remaining property. Each probate case creates a public record at the clerk of superior court. You can verify whether an estate is open and obtain the will by following these steps.
First, identify the clerk of superior court that handles the decedent’s probate. In North Carolina, you file probate where the decedent lived. Use the decedent’s last address to locate the correct court. Next, search the court’s Register of Actions in person or online for a probate case under the decedent’s name. If you find a case number, the estate is open.
Under North Carolina law, every will submitted for probate must be recorded and kept on file for public inspection. See N.C. Gen. Stat. § 28A-13-1. Once you confirm the estate is open, request a certified copy of the will from the clerk’s office. Many clerks accept requests in person or through an online portal. You must pay per-page fees and certification costs under N.C. Gen. Stat. § 7A-109.
Key Steps to Verify and Obtain a Copy of the Will
- Determine the correct clerk of superior court based on the decedent’s last residence.
- Search the Register of Actions online or visit the clerk’s office in person.
- Record the estate case number and filing date for reference.
- Prepare a written request for a certified copy, including the decedent’s name and case number.
- Submit your request and pay per-page and certification fees.
- If you don’t find a probate record, the will may not have been filed. Consider contacting the attorney who drafted the will or the named executor.
Contact Pierce Law Group
Verifying an estate and retrieving the will can involve strict deadlines and detailed court procedures. The attorneys at Pierce Law Group provide clear, practical guidance at every step. Email us at intake@piercelaw.com or call (919) 341-7055 to discuss your situation and learn how we can help.
