Sep42025
Probate Q&A Series

How can I get a copy of my parent’s will when a relative is withholding it? – North Carolina

Short Answer

In North Carolina, you may ask the Clerk of Superior Court to order anyone holding the will to produce it. If the named executor hasn’t started probate within 60 days of death, any beneficiary or other interested person may apply to probate the will after giving notice. Once the will is probated, it becomes a public record and you can obtain a certified copy from the clerk. The clerk can enforce production orders by contempt if necessary.

Understanding the Problem

You are a North Carolina beneficiary who believes a relative is holding your parent’s will but won’t share it, and no probate appears to be open a year after death. You want to see the will, confirm the executor, and start probate if needed. This article explains how, in North Carolina, you can compel production of the will and initiate probate so you can obtain an official copy.

Apply the Law

North Carolina law lets an interested person ask the Clerk of Superior Court to compel anyone in North Carolina who has the decedent’s will to produce it or disclose its whereabouts under oath. If the named executor does not offer the will for probate within 60 days of death, a devisee or other interested person may apply to probate the will after giving required notice. Probate is handled by the Clerk of Superior Court in the county where the decedent lived at death. Once probated, the will remains on file with the clerk, and certified copies are available to the public. While there is generally no deadline to offer a will for probate, separate title-protection rules can affect real property if probate is delayed.

Key Requirements

  • Compel production: File an affidavit with the Clerk of Superior Court showing a will exists and a person in North Carolina has it; the clerk issues a summons ordering production or sworn disclosure.
  • Who may start probate: The named executor may file anytime; after 60 days, a devisee or other interested person may apply with 10 days’ notice to the named executor (if known).
  • What to file to probate: An application in affidavit form identifying your interest, known heirs/beneficiaries, and the nature/value of property as best you can ascertain.
  • Public access after probate: Once admitted to probate, the will stays in the clerk’s office and you can obtain certified copies; the clerk mails notice to known beneficiaries.
  • Real estate timing: If probate is delayed more than two years, special rules protect certain purchasers and lien creditors; timely probate and recording protect title.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because your parent died about a year ago with no probate opened, you (as a beneficiary) may apply to probate the will now; the 60-day waiting period has passed. If a relative in North Carolina is withholding the will, file an affidavit asking the Clerk of Superior Court to order that person to produce it or disclose its location under oath. Once the will is probated, it becomes a public record and the clerk will mail notice to known beneficiaries; you can then obtain a certified copy from the clerk.

Process & Timing

  1. Who files: You (a beneficiary/interested person). Where: Clerk of Superior Court in the North Carolina county where your parent was domiciled at death. What: (a) An affidavit to compel production of the will (no standard AOC form) identifying the holder and facts showing a will exists; and (b) AOC-E-201, Application for Probate and Letters Testamentary/Of Administration CTA. When: Now; the 60-day window has passed. Give 10 days’ notice to the named executor if known.
  2. The clerk issues a summons directing the holder to produce the will or swear to its whereabouts by a date certain. Service typically follows Rule 4 methods (e.g., sheriff or certified mail). If the person disobeys, the clerk may issue an order to show cause and, after hearing, may enforce by civil contempt until the person complies.
  3. After the will is produced, the clerk reviews the application and proof needed to admit the will to probate. Once admitted, the will stays on file; the clerk mails notice to known beneficiaries (AOC-E-405). You may request certified copies from the clerk for your records and any title or account work.

Exceptions & Pitfalls

  • If the holder says they no longer have the will, they must still inform the clerk under oath where it is or how it was disposed of; noncompliance can lead to contempt.
  • If the original cannot be found, North Carolina allows probate of a lost or destroyed will with heightened proof; talk with counsel about the required affidavits and evidence.
  • Do not sign a “renunciation” or disclaimer of your beneficiary rights before seeing the will and understanding the estate; disclaimers can be irrevocable and affect your share.
  • Service matters: use Rule 4 service for the summons in a production proceeding so the clerk’s order can be enforced.
  • Withholding or concealing a will for a fraudulent purpose is a crime in North Carolina; keep communications professional and proceed through the clerk’s process.

Conclusion

In North Carolina, you can get a copy of your parent’s will by asking the Clerk of Superior Court to order the person holding it to produce it, and by applying to probate the will if the executor has not acted within 60 days. Once the will is admitted to probate, it is a public record and certified copies are available. To protect real estate title, move promptly: file an affidavit to compel production and an AOC-E-201 application with the clerk in the county of domicile.

Talk to a Probate Attorney

If you’re facing a withheld will and need to start probate in North Carolina, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to speak with an attorney.

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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.