Short Answer

In North Carolina, you correct relationship errors on a probate application by filing a sworn, notarized correction with the Clerk of Superior Court handling the estate. The application for letters is an affidavit, so any fix must also be under oath. Provide the corrected list of heirs and devisees, explain the relationship change, and attach proof if needed. If the will has already been probated, ask the clerk to update the estate file and, if necessary, resend notices to the proper beneficiaries.

Understanding the Problem

You’re opening your spouse’s estate in North Carolina to be appointed executor, and one person listed in the will as a “grandchild” has since been proven not to be a grandchild. You need to correct the probate application so the court record reflects the accurate family relationships.

Apply the Law

North Carolina requires the initial application for letters to be a sworn affidavit that lists the decedent’s heirs and devisees and their relationships. Because it’s sworn, corrections must be made by a new sworn statement or amended application. The Clerk of Superior Court keeps the original will and mails notice to beneficiaries when a will is probated; if beneficiary information changes, the clerk may require updated information to ensure proper notice. A gift in a will tied to property that no longer exists (like a lapsed insurance policy) typically fails without court action; you just reflect that reality in the estate’s administration.

Key Requirements

• Sworn filing: The application is an affidavit; corrections must be notarized too.
• List heirs and devisees accurately: Provide current names, addresses, ages (minor/adult is sufficient), and correct relationships.
• Support with proof if needed: Be ready to show basic kinship documents if the clerk asks (for example, birth records).
• Notice to beneficiaries: The clerk mails notices after probate; updated information helps ensure proper notice.
• Nonexistent gifts: Bequests tied to assets that no longer exist usually do not require a correction to the will; you document the change in administration.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-6-1 (Application for letters) – Requires a sworn application listing heirs and devisees with relationships and addresses.
• North Carolina Gen. Stat. § 28A-2A-3 (Notice to beneficiaries) – Clerk mails notice to beneficiaries when a will is admitted to probate.
• North Carolina Gen. Stat. § 31-5.6 (Effect of subsequent acts/ademption) – Later acts affecting property can adeem specific gifts without revoking the will.

Analysis

Apply the Rule to the Facts: Because the probate application is sworn, you should submit a notarized correction or amended AOC-E-201 that clarifies the person listed as a “grandchild” is not a grandchild and updates the heirs/devisees list. Your child is only a contingent beneficiary if you had predeceased your spouse; since you did not, the child is not a current devisee and typically does not receive beneficiary notice. The will’s insurance clause tied to policies that no longer exist is generally treated as adeemed, so no separate correction to the will is needed—just administer without that gift.

Process & Timing

1. Who files: The applicant/executor. Where: Clerk of Superior Court, Estates Division, in the North Carolina county of the decedent’s domicile. What: File a corrected, notarized AOC-E-201 (Application For Probate And Letters Testamentary/Of Administration CTA) or a sworn “Supplement/Amended Application” stating the exact correction to relationships, plus any supporting affidavit and documents. When: As soon as the error is discovered; ideally before letters issue, but promptly afterward if already issued.
2. After filing, request the clerk update the estate file. If the will has been probated, confirm whether updated beneficiary addresses or information require re-mailing or supplemental notice (AOC-E-405, Notice To Beneficiary).
3. Upon acceptance, the clerk keeps the original will, issues or maintains letters, and the record will reflect the corrected relationships. If needed, you can file AOC-E-304 (Certificate Of Probate) copies in other counties for title purposes.

Exceptions & Pitfalls

• A misdescription in the will (for example, calling someone a “grandchild”) does not by itself change whether that named person is a beneficiary; if named, they are still a devisee.
• Heirs versus devisees: In a testate estate, you must still list heirs even if they take nothing under the will; don’t omit them.
• Contingent beneficiaries usually do not receive notice unless the contingency occurred; clarify this status in your correction.
• If kinship is genuinely disputed, the clerk may require an estate proceeding to determine status; bring documents showing lineage to avoid delays.
• Do not list gifts tied to assets that no longer exist as available property; treat them as adeemed and document that in administration, not by rewriting the will.

Talk to a Probate Attorney

If you’re dealing with a probate filing that lists the wrong family relationship or beneficiary status, 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.