Short Answer

In North Carolina, a summary administration order is available only when the surviving spouse is the sole devisee or heir. If the decedent had a will, the will must be admitted to probate first. When the original will is missing, you can ask the Clerk of Superior Court to admit a copy by proving a “lost or destroyed will” with sworn evidence; after that, you file the summary administration petition. If the will cannot be proved, you may proceed intestate only if the spouse is the sole heir.

Understanding the Problem

You want to know whether you can still obtain a North Carolina summary administration order when the only will you have is an uncertified copy and the DMV will not transfer a vehicle title without a court‑sealed order. In North Carolina, the question is: can the surviving spouse get a Clerk of Superior Court order for summary administration when the original will is unavailable, and what must be filed with the clerk now that only a copy exists?

Apply the Law

Under North Carolina law, summary administration is an alternative to full probate when the surviving spouse is the sole devisee under a will or the sole heir if there is no will. For testate estates, the will must be admitted to probate before the clerk can enter a summary administration order. If the original will cannot be found, the spouse (or other propounder) may seek to prove a lost or destroyed will using a copy and sworn evidence showing due execution, the will’s contents, diligent search, and that the loss was not a revocation by the testator. The Clerk of Superior Court in the decedent’s county of domicile is the forum. There is no dollar-value cap for summary administration, but the spouse assumes liability for valid claims up to the value received. Vehicle title transfers sometimes use a separate DMV affidavit process, but local DMV offices often insist on a court order.

Key Requirements

• Eligibility (Spouse-only): The surviving spouse must be the sole devisee (if testate) or sole heir (if intestate). The will cannot place the spouse’s share in trust or prohibit summary administration.
• Probate first if testate: The will must be admitted to probate; if the original is missing, file a lost-will proceeding with affidavits and proof to admit a copy.
• Verified petition and fees: File a signed, verified petition with required details about the decedent, assets, and real property; pay the fee assessed under the court costs statute.
• Clerk’s order and effect: If granted, the clerk issues an Order of Summary Administration; no letters issue, and further administration is not required.
• Spouse assumes liabilities: The spouse assumes liability for valid claims and taxes up to the value of property received.

What the Statutes Say

• N.C. Gen. Stat. § 28A-28-1 (Who can use summary administration) – Surviving spouse as sole devisee/heir; limits if the will bars it or leaves spouse’s share in trust.
• N.C. Gen. Stat. § 28A-28-2 (Petition requirements and fees) – Required petition contents, venue, and filing fees.
• N.C. Gen. Stat. § 28A-28-6 (Spouse’s assumption of liabilities) – Spouse assumes taxes and valid claims up to value received.
• N.C. Gen. Stat. § 20-77(b) (DMV assignment of motor vehicle title by affidavit) – Separate vehicle-title procedure in narrow circumstances.

Analysis

Apply the Rule to the Facts: Because only an uncertified copy of a decades‑old will exists, you first need the clerk to admit the will to probate. If the original cannot be recovered from the law office, file a lost‑will proceeding using the copy plus sworn witness evidence to show due execution, contents, diligent search, and non‑revocation. Once admitted, file the summary administration petition. If the will cannot be proved and the surviving spouse is the sole heir, you may proceed intestate with summary administration; otherwise, consider regular administration or the DMV affidavit route where allowed.

Process & Timing

1. Who files: Surviving spouse. Where: Clerk of Superior Court in the North Carolina county where the decedent was domiciled. What: If testate with no original, file a verified petition to probate a lost/destroyed will (attach the copy and affidavits from subscribing witnesses or other proof). After admission, file the Application for Probate and Petition for Summary Administration (AOC‑E‑905). If intestate, use Petition for Summary Administration Without a Will (AOC‑E‑906). When: File as soon as evidence is ready; processing can take weeks to months in large counties.
2. After filing, the clerk reviews the lost‑will proofs and may hold a hearing; if satisfied, the clerk admits the will and issues a certificate of probate. Then the clerk reviews the summary administration petition and, if eligible, enters an Order of Summary Administration (AOC‑E‑904M). Timelines vary by county workload.
3. Obtain several certified copies of the order. Use them to transfer assets, including presenting a certified copy to the DMV to retitle the vehicle.

Exceptions & Pitfalls

• Summary administration is unavailable if the spouse is not the sole devisee/heir, the will bars summary administration, or the will leaves the spouse’s share in trust.
• For testate estates, you must probate the will first. If the original is missing, be ready to prove due execution, contents, diligent search, and non‑revocation; missing or uncooperative witnesses slow the process.
• The spouse assumes liability for valid claims and taxes up to the value received; consider whether regular administration with published notice to creditors better protects against unknown claims.
• DMV offices sometimes accept title transfer by affidavit under G.S. 20‑77(b), but many require a court‑sealed order. Confirm local DMV requirements before choosing that path.
• If real property is involved in a testate case, record certified copies of the probated will in each county where real estate is located before completing the summary administration filing.

Talk to a Probate Attorney

If you’re dealing with a missing original will and the DMV won’t retitle a vehicle without a court‑sealed order, 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.