Can a text message admitting the will was destroyed be used as proof in court? – North Carolina

Short Answer

Yes. In North Carolina, a text message can be used as evidence in a probate dispute if it can be properly authenticated (shown to be what it claims to be) and it fits the evidence rules (including hearsay rules). A text admitting a will was destroyed can help prove what happened to the original will and help rebut the presumption that the decedent personally destroyed it to revoke it. A text message alone, however, usually is not enough to prove the full contents of a lost or destroyed will.

Understanding the Problem

In North Carolina probate, can a person use a text message to prove that a relative (or the relative’s partner) destroyed a decedent’s will after the decedent died or near the end of life, especially when the estate process has already largely moved forward? The decision point is whether that text can be treated as reliable evidence in the Clerk of Superior Court or Superior Court to support a request to recognize a lost or destroyed will (or to challenge what has already happened in the estate). The key timing trigger is learning about the alleged destruction only after the estate administration is already underway.

Apply the Law

North Carolina allows probate proceedings to address lost or destroyed wills, and the Clerk of Superior Court has original jurisdiction over probate. When an original will cannot be found, North Carolina law generally requires strong proof of key points: that a valid will existed, what it said, that it was lost or destroyed, and that the loss or destruction was not the decedent revoking it. A text message can be part of that proof if it is authenticated and admissible under the evidence rules. North Carolina also recognizes that evidence should not be excluded just because it is electronic.

Key Requirements

Authentication (proving it’s real): The proponent must show the text message is what it claims to be (for example, that it came from the relative or partner and has not been altered).
Admissibility (hearsay and relevance): The text must be relevant to an issue the court must decide (such as whether the will was destroyed by someone other than the decedent) and must fit an evidence rule that allows it to be considered.
Lost/destroyed will proof (more than “it was destroyed”): Even with a strong text admission, the court typically still needs separate proof of the will’s due execution, its contents, and facts showing the decedent did not destroy it with intent to revoke.

What the Statutes Say

N.C. Gen. Stat. § 66-323 (Admissibility in evidence) – Evidence of a record or signature cannot be excluded solely because it is in electronic form.
N.C. Gen. Stat. § 98-6 (Establishing contents of will where original and copy destroyed) – Provides a petition process to establish the contents of a destroyed will when no copy exists, with interested persons made parties and factual disputes tried by a jury in Superior Court.

Analysis

Apply the Rule to the Facts: The facts describe a text message referencing that a relative and the relative’s partner destroyed the decedent’s will, and the client believes the will named a different executor and excluded the relative. That text can help satisfy the “lost or destroyed” element and can be used to argue the will’s absence is not because the decedent revoked it. But the text does not automatically prove what the will said; the court usually still needs evidence of the will’s execution and contents (for example, a copy, drafts, attorney file materials, or witness testimony) and evidence of a diligent search for the original.

Process & Timing

Who files: Typically an interested person (for example, someone who would benefit under the lost will). Where: The Clerk of Superior Court in the North Carolina county where the decedent was domiciled at death. What: A verified petition/application seeking probate of a lost or destroyed will (there is not always a single statewide form for this scenario). When: As soon as the issue is discovered, especially if the estate is already in progress and distributions or appointments have occurred.
How the text message is used: The text is typically attached and supported with authentication proof (for example, screenshots plus phone records, metadata if available, testimony from the recipient, and context showing the sender’s identity). The text is then offered to show destruction and who did it, and to support the argument that the missing original is not proof of revocation by the decedent.
What happens if facts are disputed: If interested parties deny the petition’s key allegations (including whether the will was destroyed or what it contained), the dispute can be transferred for jury trial in Superior Court on the factual issues, and the result can be recorded as the will.

Exceptions & Pitfalls

“It’s a text” is not enough: Even though electronic evidence is allowed, the court can still exclude a text if the sender cannot be reliably identified or if the message appears incomplete, altered, or taken out of context.
Hearsay problems: A text offered for the truth of what it says can trigger hearsay objections. Depending on who wrote it and why it is offered, it may be treated as an opposing party’s statement or may require another hearsay exception. Planning for this issue early matters.
Proving contents is often the hardest part: A text admitting destruction may strongly support “what happened,” but the court still needs proof of the will’s contents and due execution. A copy is helpful but not always required; testimony may be used if it is the best available evidence.
Presumption of revocation: If the original will was last known to be in the decedent’s possession and cannot be found after death, North Carolina law commonly treats that as evidence the decedent revoked it. Evidence that someone else destroyed it (including credible texts plus supporting proof) is often used to rebut that presumption.
Notice and service issues: Lost-will proceedings typically require naming and serving all interested persons. Missing someone can delay the case and may create enforceability problems later.

Conclusion

In North Carolina, a text message admitting a will was destroyed can be used as evidence if it is authenticated and admissible under the evidence rules, and it can be important proof that the will’s absence is not because the decedent revoked it. But a text usually does not, by itself, prove the will’s full contents or that it was properly executed. The next step is to file a verified petition in the Clerk of Superior Court where the decedent lived, as soon as the destruction is discovered, and present the text along with other evidence of execution, contents, and a diligent search.

Talk to a Probate Attorney

If a will may have been destroyed and a text message is the first proof of it, our firm has experienced attorneys who can help evaluate admissibility, gather supporting evidence, and explain the probate steps and timelines in North Carolina. 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.