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 seek probate of a lost or destroyed will, including by offering a copy and other competent evidence. You must show the court that the decedent executed the original will properly and that the contents of the will can be established. 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 lost or destroyed will to probate in solemn form.

North Carolina General Statutes limit who may apply for probate or letters: typically, a person named as executor or another person entitled under the statute. 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 attesting witnesses or, if unavailable, other competent evidence.
• Affidavits or testimony of witnesses who saw the decedent sign, if available.
• Secondary evidence such as a copy, drafts, or other evidence showing the contents of the will.

The clerk may admit the lost or destroyed will to probate in solemn form if the court is satisfied as to due execution and the contents of the will. For details, see N.C.G.S. § 31-11.6.

3. Provide Notice to Interested Parties

North Carolina requires notice to interested parties in a probate proceeding in solemn form, but the applicable notice requirements depend on the proceeding and parties involved.

• Provide notice as required by the clerk or applicable statute and rules.
• If service by publication is authorized because a party cannot be located, comply with the applicable service rules.

Proof of service should be filed before the hearing if required.

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 will to probate in solemn form.

Step-by-Step Checklist

• Identify the proper county where the decedent resided at death.
• Prepare and file a petition for probate in solemn form under N.C.G.S. § 28A-2-2.
• Attach the lost will copy and any supporting affidavits or witness statements.
• Provide notice to interested parties as required for the proceeding.
• File proof of service with the clerk’s office if required.
• Appear at the solemn form hearing with witnesses or other competent evidence proving due execution and contents.
• Obtain the clerk’s order admitting the will 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.