How can I obtain a copy of the will my parent filed with the court? – North Carolina

Short Answer

In North Carolina, once a will has been admitted to probate, it becomes a public court record kept by the Clerk of Superior Court in the county where the estate is opened. A copy can usually be obtained by requesting a certified copy (or a plain copy) from the clerk’s estate file. If the will was only deposited for safekeeping and not yet probated, the clerk generally will not allow copying until it is offered for probate.

Understanding the Problem

When a parent dies in North Carolina, family members often need the filed will to confirm who is named as executor and what the will says about property distribution. The key decision point is whether the will has been offered for probate and admitted by the Clerk of Superior Court, or whether it is only on file for safekeeping and not yet probated. That status controls whether the will can be copied as a public record and what steps are needed to obtain an official copy.

Apply the Law

North Carolina probate starts with the Clerk of Superior Court. If the clerk admits a will to probate, the original will remains in the clerk’s office as part of the estate records, and the will is treated as a public record. At that point, the clerk can issue copies, including certified copies, which are commonly used to prove the will’s contents in later proceedings. If the original will or the will records were lost or destroyed, North Carolina law also allows probate and proof using a preserved copy (and, in limited situations, a petition to establish the contents when no copy exists).

Key Requirements

Confirm the will’s status: Determine whether the will has been admitted to probate (public record) or is only deposited for safekeeping (copying is generally restricted until probate).
Request the correct type of copy: A certified copy is often needed for legal purposes (for example, proving the will’s contents in a later proceeding), while a plain copy may be enough for personal review.
Request through the correct office: The Clerk of Superior Court (Estates) in the county where the will was filed/probated maintains the file and issues copies.

What the Statutes Say

N.C. Gen. Stat. § 8-28 (Copies of wills) – Allows duly certified copies of wills to be used as evidence when the will’s contents matter in a proceeding.
N.C. Gen. Stat. § 98-4 (Copy of lost will may be probated) – Allows probate using a preserved copy with proper certification when original will records were lost or destroyed.
N.C. Gen. Stat. § 98-5 (Copy of lost will as evidence; letters to issue) – Treats a certified record/copy as competent evidence and addresses issuance of letters after probate of a copy.
N.C. Gen. Stat. § 98-6 (Establishing contents of will where original and copy destroyed) – Allows a petition process to establish the will’s contents when both the original and any copy are unavailable due to destruction.

Analysis

Apply the Rule to the Facts: The facts describe a parent who died leaving a will and multiple assets that may pass in different ways (joint accounts, life insurance/annuities, and real estate). To obtain the will, the first step is confirming whether the will was actually admitted to probate with the Clerk of Superior Court; if it was, the will should be available as a public record in the estate file and a copy can be requested. If the will was only “filed” for safekeeping and not probated, the clerk typically will not allow copying until someone offers it for probate.

Process & Timing

Who files: Any interested person can request copies once the will is probated. Where: Clerk of Superior Court (Estates) in the county where the estate is filed. What: Request a plain copy or a certified copy of the will from the estate file (the clerk may have a local request form or accept a written request). When: After the clerk admits the will to probate; before probate, copying is generally restricted if the will is only in safekeeping.
Confirm the file details: Provide the decedent’s full name and date of death, and ask for the estate file number (if one exists). If there is no estate file yet, ask whether a will was deposited for safekeeping and what is required to open probate in that county.
Receive the copy: The clerk provides the copy (often by pickup, mail, or other county-approved method). If a certified copy is requested, the clerk certifies it for official use.

Exceptions & Pitfalls

Safekeeping is not the same as probate: A will deposited with the clerk for safekeeping is not automatically a public record for copying, and the clerk generally will not allow copying until the will is offered for probate.
“Filed” can mean different things: Sometimes a will is filed without a full estate administration. Filing can make the document part of the court records, but it may not include a certificate showing the clerk admitted it to probate. If passing title to real estate is an issue, confirm whether the will was actually probated.
Ask for the right copy: A plain copy may not be accepted for legal proof. If the copy will be used to prove the will’s contents, request a certified copy under North Carolina practice.
Lost/destroyed will issues: If the original will or will records cannot be located due to loss or destruction, North Carolina has specific procedures that may allow probate using a preserved copy, or a petition to establish contents if no copy exists.

Conclusion

In North Carolina, the simplest way to obtain a copy of a parent’s will is to request a copy from the Clerk of Superior Court (Estates) in the county where the will was admitted to probate, because a probated will is kept by the clerk and treated as a public record. If the will is only in safekeeping and has not been probated, copying is generally not allowed until someone offers it for probate. Next step: contact the Clerk of Superior Court in the correct county and request a certified copy from the estate file.

Talk to a Probate Attorney

If a parent’s will was filed with the court but access is unclear, or if there is uncertainty about whether the will was probated versus held for safekeeping, our firm has experienced attorneys who can help explain the process and timelines and coordinate requests with the Clerk of Superior Court. 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.