Probate Q&A Series

1. Detailed Answer

When a loved one passes away, you may need to know if probate proceedings have started for their estate. In North Carolina, probate begins when someone files a petition with the Clerk of Superior Court in the county where the decedent lived. Here’s how you can confirm whether Pierce Law Group opened probate for your fiancé’s estate and how to locate any engagement-related file the firm maintains:

Check Court Records

North Carolina court records are public. You can:

  • Visit the North Carolina Judicial Branch website and use the eCourts Public Indices portal to search for the decedent’s name.
    • Look under “Probate Docket” for entries such as Petition for Probate of Will or Appointment of Personal Representative.
    • If you find a petition filed by Pierce Law Group or any other attorney, the docket number and date will confirm that probate is open.
  • Go in person to the Clerk of Superior Court in the county where your fiancé lived. Provide the decedent’s full name and date of death to the clerk’s office staff. They can print copies of any probate documents on file.

Request Your File from Pierce Law Group

Under Rule 1.16(d) of the North Carolina Rules of Professional Conduct, when representation ends, a law firm must surrender case files and client property. To locate your engagement file:

  • Send a written request by email to intake@piercelaw.com. Include your full name, your fiancé’s name, and the approximate dates of your engagement discussions.
  • Call the firm at (919) 341-7055 and ask to speak with the intake team about retrieving your file.
  • If needed, follow up with a mailed letter to Pierce Law Group’s office address, requesting your file and any related documents.

Understand Applicable Statutes

Probate administration in North Carolina is governed by Chapter 28A of the North Carolina General Statutes. Key provisions include:

  • G.S. 28A-4-1: Who may open a probate proceeding and how to appoint a personal representative.
  • G.S. 28A-2-1: Definitions and key terms in probate administration.

2. Key Steps to Confirm Probate Status and Retrieve Your Engagement File

  • Use the NC Judicial Branch’s eCourts Public Indices to search for probate dockets.
  • Contact the local Clerk of Superior Court in the decedent’s county for in-person record requests.
  • Send Pierce Law Group a written or email request for your engagement file under Rule 1.16(d).
  • Call (919) 341-7055 to follow up directly with the intake team.
  • Review G.S. 28A-4-1 online to understand who can open probate and how to interpret filings.

Ready to Take the Next Step?

If you still have questions about whether probate has been opened or need help retrieving your file, let Pierce Law Group assist you. Our experienced attorneys guide families through every step of probate. Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055.