Short Answer

Yes. In North Carolina, you can ask the Clerk of Superior Court to continue (postpone) a probate hearing, but it is discretionary. You usually need a written motion explaining your reason, confirm you notified all other parties, and file it as soon as possible before the hearing. If everyone consents, a joint or consent motion often helps, but the clerk must still approve it.

Understanding the Problem

You’re in North Carolina. You (as an interested party or personal representative) want to know if you can ask the Clerk of Superior Court to continue a scheduled probate hearing. A hearing is set for next Tuesday, and you are considering a request to reschedule because you’re not ready to proceed.

Apply the Law

Probate hearings in North Carolina estate proceedings are heard by the Clerk of Superior Court. The clerk has authority to control the proceeding and may continue a hearing for cause. Estate proceedings follow specific statutes, and certain civil procedure rules apply unless the clerk directs otherwise. The clerk can grant extensions for deadlines set by statute or rule, but scheduling a hearing is a matter of judicial control and discretion. File your request promptly, state concrete reasons (for example, needing time to retain counsel or obtain key documents), and show you served all parties.

Key Requirements

• Reason to continue: Explain a specific, practical reason you cannot proceed (e.g., newly retained counsel needs time; critical witness or records unavailable).
• Written motion: File a short motion to continue or reschedule and attach any supporting declaration or documentation.
• Notice to parties: Serve your motion on all interested parties in the estate proceeding and state whether they consent.
• Timing: Submit the request as early as possible before the hearing; same-day requests are possible for emergencies but are not guaranteed.
• Consent helps: A consent or joint motion signed by all parties is more likely to be allowed, subject to the clerk’s approval.
• Military status considerations: If a party has not appeared and may be in active service, the clerk may require Servicemembers Civil Relief Act information before ruling.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2-6 (Estate proceedings procedures) – Sets hearing procedures, identifies which civil rules apply unless directed otherwise, and authorizes extensions of time.
• North Carolina Gen. Stat. § 7A-241 (Clerk as ex officio judge of probate) – Confirms the clerk’s judicial role in probate matters.
• North Carolina Gen. Stat. § 7A-103 (Powers and duties of clerk) – Grants broad authority to manage and control proceedings before the clerk.

Analysis

Apply the Rule to the Facts: With a hearing next Tuesday, you should file a written motion to continue now, state why you are not ready, and show that you served all parties. If others agree to the new date, submit a consent or joint motion to increase the chance of approval. The clerk decides whether to grant the continuance; if denied, you must appear on Tuesday or risk the matter proceeding without your input.

Process & Timing

1. Who files: You or your attorney. Where: Clerk of Superior Court (Estates Division) in the county where the estate is pending. What: Motion to Continue/Reschedule Hearing (attach a brief declaration and note party consent if obtained). When: File and serve as soon as possible before the scheduled hearing; counties may set local expectations for lead time.
2. The clerk reviews your motion. If consented by all parties, many clerks will enter a continuance order administratively; if contested or unclear, the clerk may address it at the scheduled calendar call. Timelines can vary by county.
3. If granted, you will receive a signed order of continuance and a new notice of hearing. If denied, plan to appear and proceed as scheduled.

Exceptions & Pitfalls

• Continuance ≠ automatic: The clerk decides; busy calendars or thin reasons can lead to denial.
• Notice failures: Not serving other parties is a common reason a continuance is denied.
• Transfer timing trap: A hearing at which a continuance order is entered still counts as the first hearing for certain transfer rights. Do not assume a continuance preserves those rights unless you act before or at the first hearing.
• SCRA considerations: If a respondent has not appeared and may be in active military service, the clerk may require SCRA information and could stay proceedings when appropriate.
• No-show risk: If you do not appear and no continuance is granted, the clerk may proceed and decide based on the evidence presented.

Talk to a Probate Attorney

If you need to continue a probate hearing or aren’t sure what to file, our firm can help you understand your options and timing. Call us today.

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.