How can I locate a loved one’s will and initiate probate in North Carolina?

1. Detailed Answer

Locating the Will

When someone passes away, finding their last will and testament is the first step toward settling their affairs. In North Carolina, you can explore several places:

• Personal Documents and Home Files: Look through the decedent’s desk, filing cabinets, or home safe. Many people keep their wills with other important records.
• Safe Deposit Box: If you suspect a bank safe deposit box holds the will, North Carolina law permits certain individuals—such as a surviving spouse or an executor named in a will—to access its contents. See N.C. Gen. Stat. § 28A-8-1.
• Attorney’s Office: Many people leave their wills with the lawyer who drafted them. Contact the decedent’s attorney to inquire if they hold an original document.
• Register of Deeds: While wills are not recorded like deeds, some people file photocopies with the local Register of Deeds. You can call or visit the office in the county where the person last lived.
• Family and Friends: Ask close relatives or friends. They may know where the will is stored or hold the original themselves.

Initiating Probate Administration

Once you’ve located the original will, the next step is to open probate. North Carolina offers two primary paths:

Informal Probate

Most estates qualify for informal administration, which moves faster and costs less than formal administration. To start informal probate, you must file a petition with the Clerk of Superior Court in the county where the decedent lived. You’ll need:

• The original will and any codicils.
• A certified copy of the death certificate.
• A completed Petition for Probate of Will and Appointment of Personal Representative. See N.C. Gen. Stat. § 28A-12-1.

After filing, the clerk reviews your paperwork. If everything meets legal requirements, the clerk issues Letters of Authority, appointing you (or another named individual) as the personal representative.

Formal Probate

If disputes arise—such as competing claims to the will—or if creditors challenge the estate, you may need formal probate. Formal administration involves court hearings and more detailed filings. It requires legal notice to heirs and creditors and strict adherence to court procedures under Chapter 28A of the North Carolina General Statutes.

2. Key Steps to Locating a Will and Starting Probate

• Search the decedent’s personal files and home safe.
• Check for a safe deposit box and follow the process in N.C. Gen. Stat. § 28A-8-1.
• Contact the attorney who may have drafted or stored the will.
• Inquire at the local Register of Deeds for filed copies.
• Speak with close family members or friends.
• File the original will and death certificate with the Clerk of Superior Court.
• Select informal or formal probate based on estate complexity.
• Obtain Letters of Authority to administer the estate.

Contact Pierce Law Group for Help

Handling a loved one’s estate can feel overwhelming. The attorneys at Pierce Law Group have extensive experience guiding families through each step of probate administration in North Carolina. Let us help you locate the will, open probate, and settle the estate efficiently and compassionately. Reach out to us today by email at intake@piercelaw.com or call (919) 341-7055.