Detailed Answer

In North Carolina, you can still probate a will even if the original is lost or destroyed. The process lets the court admit a copy or reconstruction of the will, provided you meet strict requirements. You must show that the testator properly executed the original will and did not revoke it.

Start by preparing a petition for probate of a lost or destroyed will in the clerk’s office of the county where the decedent lived. Include the following in your petition:

• The decedent’s full name and date of death
• A statement that the original will is lost or destroyed and the facts surrounding its loss
• A request to admit the will to probate as a lost instrument
• A copy of the will or a draft that accurately reflects its terms
• Affidavits or testimony from two disinterested witnesses who recall the will’s contents and confirm the testator executed it in compliance with statute

Under Chapter 31, Article 1 of the North Carolina General Statutes, the court may admit a will that is lost or destroyed if you prove:

1. The will was validly executed under North Carolina law (two witnesses and the testator’s signature).
2. The will has not been revoked by the testator.
3. The loss or destruction was not due to the testator’s intent to revoke.
4. You have offered clear and convincing evidence of the will’s terms.

Once the petition is filed, the clerk sets a hearing date. You must serve notice on all interested parties—heirs at law, beneficiaries and creditors—at least 10 days before the hearing, per N.C.G.S. Chapter 28A, Article 1. At the hearing, present witness testimony and documentary proof. If the court is satisfied, it will admit the lost will to probate and appoint a personal representative.

For detailed statutory guidance, see Chapter 31, Article 1 of the North Carolina General Statutes.

Key Steps to Petition a Lost Will

• Locate and review any copies, drafts or summaries of the lost will.
• Prepare a petition explaining why the original is unavailable.
• Attach a copy of the will or a reconstruction with clear, consistent terms.
• Obtain affidavits or ready witnesses who saw the testator sign the original.
• File the petition in the county clerk’s office where the decedent lived.
• Serve notice on heirs, beneficiaries and creditors at least 10 days before the hearing.
• Attend the probate hearing and present your evidence.
• Receive the court’s order admitting the will and appointing a personal representative.

Take the Next Step

Admitting a lost will to probate can feel complex. Pierce Law Group’s team has handled many probate estates under North Carolina law. We guide families through every step. To discuss your situation, email us at intake@piercelaw.com or call us at (919) 341-7055. Let us help you honor your loved one’s final wishes.