Short Answer

No. In North Carolina, the key probate applications must be sworn under oath, but you can take that oath in front of the Clerk of Superior Court instead of using a notary. The Application for Probate and Letters and any corrections or supplements must be in affidavit form; you may sign and swear to them at the clerk’s counter. The executor’s oath is also administered by the clerk before Letters are issued.

Understanding the Problem

You want to open an estate in North Carolina and ask: do you have to notarize every probate application document before filing, or can the Clerk of Superior Court administer the oath when you file? One listed “grandchild” in the will is not actually a grandchild, so your application needs a correction before you qualify as executor.

Apply the Law

Under North Carolina law, applications to qualify as personal representative must be in the form of an affidavit sworn before an officer authorized to administer oaths. The Clerk of Superior Court is such an officer and can administer required oaths at filing. After the will is admitted to probate, the applicant must take and subscribe the executor’s oath before letters issue. If the will is not self-proved, witness affidavits or testimony are required, and those statements are also sworn. The main forum is the Clerk of Superior Court in the decedent’s county of domicile. A named executor has priority to apply; after sixty days, others may seek appointment on notice.

Key Requirements

• Sworn application: The Application for Probate and Letters (AOC-E-201) must be a sworn affidavit; you may swear before the Clerk instead of using a notary.
• Executor’s oath: Before Letters issue, the applicant must take and sign the oath or affirmation before the Clerk or another authorized officer.
• Corrections/updates: Any amendment or supplement correcting heirs/devisees or other facts must be sworn (affidavit or verified statement) and filed with the clerk.
• Witness proof if needed: If the will is not self-proved, witness affidavits or testimony are required; those are sworn before the Clerk or a notary.
• Where and when: File in the Clerk of Superior Court where the decedent was domiciled; a named executor generally has the first 60 days to apply before others may seek appointment with notice.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-6-1 (Application for Letters) – requires the application to be an affidavit sworn before an authorized officer.
• North Carolina Gen. Stat. § 28A-7-1 (Oath of Personal Representative) – Letters cannot issue until the applicant takes and subscribes the oath before the clerk or other authorized officer.
• North Carolina Gen. Stat. § 28A-2A-5 (Application for Probate) – application to probate a will must be in affidavit form with specific content.
• North Carolina Gen. Stat. § 31-11.6 (Self-Proved Wills) – a self-proved will may be admitted without witness testimony.

Analysis

Apply the Rule to the Facts: Because your application listed someone as a grandchild who is not, you should file a sworn correction (amended application or supplemental affidavit) so the heirs/devisees list is accurate. You do not have to notarize this in advance; you can sign and swear to the correction in front of the Clerk when you file. Your child is a contingent beneficiary only if you predeceased the decedent, which did not occur, so they typically are not listed as a current devisee. The obsolete insurance clause does not change the oath/affidavit requirements.

Process & Timing

1. Who files: The named executor. Where: Clerk of Superior Court in the decedent’s county of domicile in North Carolina. What: AOC-E-201 (Application for Probate and Letters) with the original will; file a sworn amended application or supplemental affidavit to correct heirs/devisees; take AOC-E-400 (Oath/Affirmation) when qualifying. When: A named executor generally should apply within 60 days to preserve priority before others may apply on notice.
2. The clerk reviews the filing, admits the will to probate (self-proved wills are usually faster), and, if needed, obtains sworn witness affidavits or testimony (AOC-E-300) for non–self-proved wills. Timeframes vary by county and docket volume.
3. Once the application is complete and the oath is taken, the clerk issues Letters Testamentary authorizing you to act for the estate.

Exceptions & Pitfalls

• Submitting an unsworn application: The clerk cannot issue Letters on an unsworn filing. Sign and swear before the Clerk or a notary.
• Listing the wrong people: Correct heirs/devisees must be sworn to; do not include contingent beneficiaries whose contingency did not occur.
• Witness proof: If the will is not self-proved, expect sworn witness affidavits or testimony. Plan to locate at least one or two subscribing witnesses.
• Notice before appointment: The clerk may require notice to others with equal or higher appointment preference if renunciations are not on file; lack of required notice can delay issuance of Letters.
• Privacy rule: Do not include a full Social Security number in filings; only the last four digits may be provided if needed.

Talk to a Probate Attorney

If you’re dealing with whether, how, and where to swear probate papers and correct an application, our firm has experienced attorneys who can help you understand your options and timelines. 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.