How Can I Access a Will if the Executor Refuses to Produce It in North Carolina?

Detailed Answer

When someone passes away leaving a will, North Carolina law gives heirs and beneficiaries the right to see that document. Under N.C. Gen. Stat. § 28A-6-3, any person in possession of the decedent’s original will must deposit it with the clerk of superior court in the county where probate will take place within 30 days of death. The clerk can fine the holder up to $100 for failure to comply and order the will’s delivery.

If an executor or personal representative refuses to produce or deposit the will, you can take these steps:

• File a petition with the clerk of superior court asking the court to compel production of the original will.
• Ask the court to issue a citation to show cause. This forces the executor to explain why they have not deposited or delivered the will.
• If the executor still refuses, you may request their removal. Under N.C. Gen. Stat. § 28A-18-1, the court can remove an executor for failing to perform duties or obey court orders.
• Seek a surcharge for any loss or damage to estate assets caused by the executor’s refusal. See N.C. Gen. Stat. § 28A-18-3.

In many cases, a simple letter from an attorney asking the executor to deposit the will resolves the issue quickly. If the executor claims they cannot find the will, you can search the Register of Wills. North Carolina maintains a registry of wills under N.C. Gen. Stat. § 28A-2-1(c). Any original will filed there remains available to interested parties.

If the original will is truly lost or destroyed, North Carolina courts allow you to prove the will’s contents through secondary evidence or witness testimony. You must show clear and convincing proof of the will’s terms before the court will admit a copy or draft.

Key Steps to Access a Will When an Executor Refuses

• Ask for the will in writing. Keep a record of your request.
• Check the Will Registry at the clerk’s office under N.C. Gen. Stat. § 28A-2-1(c).
• File a petition to compel production of the will under N.C. Gen. Stat. § 28A-6-3.
• Request a citation to show cause. The court can order the executor to bring the will to court.
• Pursue removal of the executor for failure to perform duties under N.C. Gen. Stat. § 28A-18-1.
• Seek a surcharge for any harm to the estate under N.C. Gen. Stat. § 28A-18-3.
• If the original is lost, collect affidavits or testimony to prove the will’s contents.
• Consult an attorney early. Courts move on tight timelines.

Accessing a loved one’s will should not turn into a legal battle. If an executor refuses a lawful request, you have clear remedies under North Carolina law. Working with seasoned probate attorneys can help you move quickly and protect your rights.

Call to Action: Pierce Law Group has experienced attorneys ready to help you enforce your rights under North Carolina’s probate statutes. For a prompt review of your situation, email intake@piercelaw.com or call us at (919) 341-7055.