How can I obtain a copy of my grandparents’ will when I live in another country? – North Carolina

Short Answer

In North Carolina, once a will is admitted to probate, it becomes a public record kept by the Clerk of Superior Court. You can request regular or certified copies from the clerk in the county where the estate was opened, even if you live abroad. If no estate was opened and someone in North Carolina is holding the will, you may ask the clerk to order that person to produce it. Be mindful that challenges to a probated will have strict deadlines.

Understanding the Problem

In North Carolina probate, can an heir living abroad get a copy of a grandparent’s will, and what can the heir do if a relative in North Carolina recently opened one estate and information may be withheld? This question focuses on how to access the will and estate file, and what remedies exist if the will hasn’t been filed or shared.

Apply the Law

Under North Carolina law, the Clerk of Superior Court (Estates Division) retains the original of any will admitted to probate, and that probated will is a public record. Beneficiaries listed in a probated will must be mailed a notice when the will is admitted. If a person in North Carolina is holding a decedent’s will and won’t file it, you may apply to the clerk to compel production. Challenges to a probated will must be filed within a fixed statutory period. The main forum is the Clerk of Superior Court in the county where the estate is or should be opened.

Key Requirements

• Locate the correct county file: Identify the county where the decedent resided at death or where the estate was opened; request copies from that clerk’s Estates Division.
• Probated wills are public: After probate, anyone can obtain copies; request certified copies if you need official proof.
• Notice to beneficiaries: When a will is admitted, the clerk mails notice to known beneficiaries at their addresses on file.
• Compel a withheld will: If someone in North Carolina holds the will and won’t file it, apply by affidavit to the clerk to order its production.
• Deadlines to contest: A will contest (caveat) must be filed within three years after the will is probated in common form.
• Accountings and oversight: Personal representatives file a 90‑day inventory and later accountings; interested persons can review the court file and may petition the clerk if information is withheld.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2A-13 (Original wills kept; copies) – Once probated, the original will remains with the clerk as a public record; certified copies may be issued.
• North Carolina Gen. Stat. § 28A-2A-3 (Notice to beneficiaries) – Clerk must mail notice to known beneficiaries when a will is admitted.
• North Carolina Gen. Stat. § 28A-2A-4 (Compel production of will) – On affidavit, the clerk can summon the person holding the will to produce it or explain its whereabouts.
• North Carolina Gen. Stat. § 31-32 (Time to file caveat) – A caveat must be filed within three years after probate in common form.

Analysis

Apply the Rule to the Facts: Because one grandparent’s estate was opened and closed in North Carolina, you can request a copy of that will from the Clerk of Superior Court in that county; it’s a public record once probated. For the other grandparent with no probate record, first confirm whether a will was ever filed or deposited; if a person in North Carolina is holding it, you can ask the clerk to compel its production. If you believe information was withheld, you may inspect the file and, if needed, petition the clerk for appropriate relief, keeping the three‑year caveat window in mind.

Process & Timing

1. Who files: Heir or beneficiary. Where: Clerk of Superior Court, Estates Division, in the North Carolina county where the estate is/was opened (or where the decedent resided at death). What: Written request for copies of the probated will and estate file; ask for certified copies if needed. Provide decedent’s full name, date of death (if known), and any file number. When: Anytime after probate; processing and mailing vary by county.
2. For a will not yet filed: submit an application by affidavit asking the clerk to compel the person in North Carolina who holds the will to produce it. The clerk can issue a summons requiring production or an explanation under oath. Timeframes depend on service and scheduling.
3. If information appears withheld: review the court file (inventories and accountings are filed with the clerk). If concerns remain, file an estate proceeding in the same estate file to request an accounting or other relief; the clerk will set a hearing and issue an order.

Exceptions & Pitfalls

• Before probate, a will deposited for safekeeping is not available for copying; it must be offered for probate or produced by court order.
• If assets passed by right of survivorship, there may be no estate file; still ask the clerk whether a will was filed (with or without probate).
• Beneficiary notices are mailed to known addresses; if you live abroad, provide a reliable mailing and email address to the clerk and the personal representative.
• County procedures and copy fees vary; confirm current costs and whether the clerk will deliver copies by email, mail, or courier.
• Act early: delay can jeopardize a potential caveat or other remedies tied to the probate date.

Talk to a Probate Attorney

If you’re dealing with getting a will copy from abroad or think information is being withheld in a North Carolina estate, 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.