Short Answer

In North Carolina, you can force the will’s custodian to produce it by filing an affidavit with the Clerk of Superior Court; once the will is probated, it is a public record you can copy. For a trust, a qualified beneficiary can demand a copy and basic information; if the trustee refuses, you can file a trust proceeding to compel disclosure and, if needed, seek court orders to suspend or remove the trustee. If you plan to challenge the documents, strict deadlines apply.

Understanding the Problem

North Carolina: You, a sibling of the decedent, want to know if you can get the will and trust when the named executor and trustee will not share them. Can you make the Clerk of Superior Court require production of the will now, and can you make the trustee provide the trust and basic information, especially if you believe late-in-life amendments cut siblings out?

Apply the Law

North Carolina law provides two tracks. For wills, the Clerk of Superior Court oversees probate and can compel the custodian to produce a will. Once probated, the will becomes a public record and copies are available from the clerk. For trusts, a trustee must provide a copy of the trust and reasonable information to qualified beneficiaries; if the trustee refuses, beneficiaries can start a trust proceeding to compel disclosures and, if appropriate, seek removal or other remedies. The main forum is the Clerk of Superior Court for compelling a will and for non-monetary trust administration issues; challenges to validity and requests for injunctions typically proceed in Superior Court. A key trigger is the probate date, which starts the three-year window to file a will caveat.

Key Requirements

• Compel the will: File an application by affidavit with the Clerk of Superior Court showing a will exists and is in someone’s possession; the clerk issues a summons ordering production.
• Probate access: After probate, the will remains with the clerk as a public record; you may request certified copies from the clerk’s office.
• If executor won’t act: If the named executor does not probate within 60 days of death, any devisee or other interested person may apply to probate after giving 10 days’ notice to the executor.
• Trust disclosure: On reasonable request, a trustee must give a qualified beneficiary a copy of the trust and basic information about trust property and administration.
• Enforcement and remedies: If a trustee refuses, file a trust proceeding to compel an accounting or copy; courts can order production, suspend or remove the trustee, appoint a special fiduciary, and enjoin misconduct.
• Challenging validity: To contest a will, file a caveat within three years after probate; to contest a trust amendment for undue influence or lack of capacity, file in Superior Court for appropriate relief.

What the Statutes Say

• N.C. Gen. Stat. § 28A-2A-4 (Compel production of will) – Affidavit to the clerk; summons to the custodian to produce the will.
• N.C. Gen. Stat. § 31-32 (Caveat deadline) – File a will caveat within three years after probate in common form.
• N.C. Gen. Stat. § 36C-8-813 (Trustee duty to inform and report) – Qualified beneficiaries may obtain a copy of the trust and information.
• N.C. Gen. Stat. § 36C-4-406 (Voidability for undue influence) – A trust is voidable if induced by undue influence, fraud, or duress.

Analysis

Apply the Rule to the Facts: As a sibling, you can ask the clerk to compel whoever holds the will to produce it now; after probate, you may obtain a copy directly from the clerk. If the executor does not move forward within 60 days, you (as an interested person) can apply to probate after giving 10 days’ notice. On the trust side, if you are a qualified beneficiary, you may demand a copy and basic information; if the trustee still refuses, a trust proceeding can compel production. If late amendments removed you and were procured by undue influence while the decedent was ill, you can file to challenge those changes and seek interim orders to protect assets.

Process & Timing

1. Who files: Any interested person. Where: Clerk of Superior Court (Estates Division) in the decedent’s county. What: Application by affidavit to compel production of a will; if probating, file Application for Probate and Letters (AOC-E-201). When: Immediately; if the named executor does not act within 60 days of death, you may apply after giving 10 days’ notice to the executor.
2. For the trust, send a written request for the trust instrument and basic information. If no response, file a trust proceeding with the Clerk to compel a copy and accounting. Service is made under Rule 4; the clerk can order production and, if needed, set further hearings. Timelines vary by county.
3. If you will challenge validity: file a will caveat in Superior Court within three years after probate; to contest a trust amendment for undue influence or lack of capacity, file in Superior Court seeking appropriate relief and, if necessary, ask for a temporary restraining order to preserve assets. On caveat filing, the clerk restricts estate distributions during the case.

Exceptions & Pitfalls

• Standing limits: To compel trust disclosures, you generally must be a qualified beneficiary; if an amendment removed you, you may need to first file to challenge the amendment’s validity.
• Proof and service: The clerk’s summons to produce a will should be properly served; noncompliance can lead to civil contempt, but defects in service can delay relief.
• Probate form matters: If the will is probated in solemn form and you do not timely raise a challenge, you can be bound by the result.
• Asset protection: If you fear dissipation, ask the court for interim relief (injunction, suspension of trustee, or appointment of a special fiduciary) while disclosure or validity issues are decided.
• Criminal concealment: Concealing or destroying a will is a crime; consider reporting will concealment to law enforcement in parallel with clerk proceedings.

Talk to a Probate Attorney

If you’re dealing with a trustee or executor who refuses to share estate documents, our firm can help you force disclosure and protect your rights on tight timelines. Call us today.

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.