How to Probate a Lost Will Copy in North Carolina under the Solemn Form Procedure

Detailed Answer

When an original will has been lost, burned, destroyed or cannot be found, North Carolina law allows you to probate a copy under the solemn form procedure. You must show the court that the decedent executed the original will properly and that the copy accurately reflects the decedent’s wishes. Follow these key requirements:

1. File a Petition for Probate in Solemn Form

Begin by filing a petition with the Clerk of Superior Court in the county where the decedent lived. In your petition, explain:

• The date and place of the original will’s execution.
• That the original cannot be located despite a diligent search.
• Your relationship to the decedent and your interest in the estate.
• A request to admit the copy to probate under solemn form.

North Carolina General Statutes limit who may file the petition: typically, a person named as executor or an heir. See N.C.G.S. § 28A-2-2.

2. Prove the Lost Will Copy and Due Execution

At the hearing, present evidence that the copy is genuine and that the decedent signed the original according to law. You can prove execution by:

• Sworn testimony of one or more attesting witnesses.
• Affidavits of witnesses who saw the decedent sign.
• Secondary evidence such as letters or drafts showing the decedent’s intent.

The clerk may admit the copy if you satisfy the court that the original was duly executed and that any subscribing witnesses are unavailable. For details, see N.C.G.S. § 28A-2-5.

3. Provide Notice to Interested Parties

North Carolina requires you to notify all heirs, devisees, creditors and any person entitled to notice at least 30 days before the hearing on solemn form probate. You must:

• Mail notice by first-class mail to each known interested person.
• Publish a notice in a local newspaper if any party’s address is unknown.

Proof of mailing and publication must be filed before the hearing.

4. Attend the Clerks’ Hearing

At the scheduled hearing, present your petition, proof of notice and evidence of due execution. The clerk will review your documents and sworn testimony. If satisfied, the clerk will enter an order admitting the copy to probate as if the original were produced.

Step-by-Step Checklist

• Identify the proper county where the decedent resided at death.
• Prepare and file a petition for solemn form probate under N.C.G.S. § 28A-2-2.
• Attach the lost will copy and any supporting affidavits or witness statements.
• Serve 30-day notice by mail to all interested parties; publish if needed.
• File proof of mailing and publication with the clerk’s office.
• Appear at the solemn form hearing with witnesses or affidavits proving due execution.
• Obtain the clerk’s order admitting the will copy to probate.

Need Guidance?

Probating a lost will copy under North Carolina’s solemn form procedure requires precise steps and strict compliance with court rules. At Pierce Law Group, our attorneys guide families through every phase of probate. Let us help you present your case effectively. Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055.