Jul 29 2025
Probate Q&A Series How can I locate a loved one’s will and initiate probate in North Carolina?

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 to seek access to the box for the limited purpose of searching for a will. 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. In North Carolina, estate administration is generally opened before the Clerk of Superior Court in the proper county, and the procedure varies depending on the circumstances.

Informal Probate

Most estates are administered before the clerk without a contested proceeding. To start probate, you must apply 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.
  • The appropriate application or petition to probate the will and qualify the 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 Testamentary or Letters of Administration, appointing the personal representative.

Formal Probate

If disputes arise—such as competing claims to the will—or if probate becomes contested, additional hearings and procedures may be required. Estate administration and probate proceedings are governed by 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.
  • Follow the probate procedure required by the estate’s circumstances.
  • Obtain Letters Testamentary or Letters of Administration 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.