Can I still probate a North Carolina will if the original was hidden and estate funds were withdrawn?

Detailed Answer

You can still probate the will even if the original is missing or someone withdrew estate funds without authorization. North Carolina law lets you admit a copy of a lost or destroyed will when you meet specific requirements. You must prove the testator did not revoke the will and explain why the original is unavailable.

Start by filing a petition for probate in the clerk of superior court’s office where the decedent lived. In your petition, state that the original will is missing or was hidden. Provide any attested copy you have. Under N.C. Gen. Stat. § 31-2.10, the court may admit a copy if you:

• Explain the cause for nonproduction (for example, hiding or loss).
• Offer clear, convincing proof of the will’s contents.
• Show that the testator did not revoke the will.

To satisfy the proof requirement, you can submit:

• The attested (witness-signed) copy of the will.
• Testimony from the original witnesses.
• Other documents or records confirming the will’s provisions.

Once the court admits the copy, it holds the same force as an original will. The clerk can appoint a personal representative and allow you to gather estate assets.

If someone already withdrew funds, you can recover those assets through an estate accounting. The personal representative must file an inventory and account for all assets under N.C. Gen. Stat. § 28A-13.5. Beneficiaries may petition the court to surcharge the personal representative for any losses.

Note the probate process follows specific deadlines. In most cases, you have three years from the date of death to bring actions related to the estate. Acting promptly helps safeguard estate property and uphold the decedent’s wishes.

Key Points to Remember

• North Carolina law allows probate of a lost or hidden will by proving its contents and cause of nonproduction (N.C. Gen. Stat. § 31-2.10).
• File a probate petition with an attested copy and a clear explanation for why the original is unavailable.
• Use witness testimony or supporting documents to meet the clear, convincing proof standard.
• Once admitted, a copy has the same legal effect as the original will.
• If funds were withdrawn, beneficiaries can seek an accounting and surcharge under N.C. Gen. Stat. § 28A-13.5.
• Meet probate deadlines—generally three years from the date of death—to protect estate assets.

Probating a will without the original requires careful preparation, but North Carolina law guides you through each step. If you face a missing original or unauthorized fund withdrawals, you do not have to abandon the decedent’s estate plan.

Contact Pierce Law Group for help. Our attorneys have many years of probate administration experience and guide clients across North Carolina through every stage of probate. Email us at intake@piercelaw.com or call (919) 341-7055 for a consultation.