Do I need to answer every question on the court cover worksheet, or can some fields be left blank? – North Carolina

Short Answer

In North Carolina probate filings, a court “cover worksheet” is usually an administrative intake document, but it still should be completed as fully as possible. Fields that clearly belong to the Clerk of Superior Court (like file number, clerk use, or the clerk’s signature/date blocks) should be left blank for the clerk to complete. Fields that identify parties and the type of relief being requested usually should not be left blank, because missing information can delay filing or require a return trip to the clerk’s office.

Understanding the Problem

In a North Carolina year’s allowance matter, the person applying for the allowance often receives (or downloads) a packet that includes a cover worksheet plus one or more probate forms. The practical issue is whether every blank on the cover worksheet must be completed, especially where the worksheet asks about other people who may share in the estate or contains areas that look like they require dates and signatures. The single decision point is which parts of the cover worksheet must be completed by the person filing versus which parts are meant for the Clerk of Superior Court to complete when the filing is opened and processed.

Apply the Law

North Carolina probate matters are handled through the Office of the Clerk of Superior Court. For a year’s allowance request, the clerk reviews the application to confirm eligibility and then signs the allowance form if the clerk finds the facts support the request. A cover worksheet is typically used to help the clerk’s office route, index, and open the estate-related file, so blanks that affect routing (case type, parties, estate file reference) can slow down processing, while “clerk-only” fields should be left for the clerk.

Key Requirements

Complete the filer-controlled identification fields: The names of the decedent and the applicant, the county where the filing is made, and the type of probate relief being requested should be filled in because the clerk uses that information to open and label the file correctly.
Do not complete clerk-only fields: Fields for the estate file number (if not already assigned), clerk stamps, clerk signatures, and clerk dates are typically completed by the Clerk of Superior Court or an assistant/deputy clerk during intake or at the hearing/approval step.
Sign and notarize only the portions that require verification: If the year’s allowance application (or a related petition) is a verified filing, the applicant must sign the verification in front of an authorized officer (often a notary). Signature blocks meant for the clerk, witnesses, or other parties should not be completed by the applicant.

What the Statutes Say

N.C. Gen. Stat. § 30-27 (Additional allowance; timing; contested estate proceeding) – Sets a filing deadline for an additional allowance request (generally within one year of death, or within six months after letters issue if a personal representative has been appointed).
N.C. Gen. Stat. § 1-148 (Who may take verifications) – Allows verifications (sworn signatures) to be taken by officials including clerks, judges, and notaries public.

Analysis

Apply the Rule to the Facts: The facts describe a North Carolina year’s allowance filing where the applicant is unsure what can be left blank on a cover worksheet and what must be signed and notarized. In that setting, the safest approach is to fully complete the worksheet items that identify the decedent, applicant, and the nature of the request, because those items help the Clerk of Superior Court open the file and route the paperwork. By contrast, areas clearly intended for the clerk—file number assignment, clerk stamps, and clerk signature/date lines—should be left blank so the clerk can complete them when reviewing and approving the filing.

Process & Timing

Who files: The surviving spouse or eligible child (or another authorized applicant under the specific allowance procedure being used). Where: Office of the Clerk of Superior Court in the county with proper probate venue in North Carolina. What: The year’s allowance form used by the clerk’s office (commonly titled as an application/assignment of year’s allowance) plus any required attachments and the cover worksheet. When: Timing depends on the type of allowance; if the filing is for an additional allowance, it must be filed within one year of the date of death, or within six months after letters are issued if a personal representative has been appointed.
Intake review: The clerk’s office typically checks for missing identifiers (names, addresses, estate file reference if one exists, and the relief requested) and for required signatures/verification. County practices differ on how much the clerk’s staff will help complete administrative fields.
Clerk action: If the application is properly completed and supported, the clerk signs the allowance paperwork and can provide certified copies as needed for asset transfers.

Exceptions & Pitfalls

Leaving “party” fields blank can cause delays: If the worksheet asks for information about other heirs, devisees, or interested persons, leaving it blank may lead to follow-up questions because the clerk may need enough information to determine who is affected by the relief being requested.
Signing in the wrong place: Many probate packets contain signature blocks for multiple roles. Signing a clerk signature line (or dating a clerk-only area) can trigger rejection and re-signing.
Notarization problems: If the filing includes a verification, the signature must be notarized (or otherwise properly sworn) and completed correctly. A missing notary seal, incomplete notarial wording, or signing outside the notary’s presence can result in a rejected filing or a request to correct it.
County practice varies: Some counties expect filers to type more of the packet in advance, while others complete more fields in-house. When in doubt, bringing a clean, unsigned copy and asking the clerk’s staff which blocks they want left blank can prevent rework.

Conclusion

In North Carolina probate, a cover worksheet should be completed as fully as possible for identifying information and case routing, but clerk-only sections—like the estate file number (if unknown), clerk stamps, and clerk signature/date blocks—should be left blank for the Clerk of Superior Court to complete. For a year’s allowance request, signatures and notarization usually apply to the verified application, not the clerk’s sections of the worksheet. The most time-sensitive step is filing an additional allowance request by one year after death (or six months after letters issue if a personal representative is appointed).

Talk to a Probate Attorney

If a year’s allowance filing is being prepared and the cover worksheet or verification sections are unclear, an attorney can help confirm which blanks must be completed, what must be notarized, and what deadlines apply. 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.