How to Submit an Original Will to the North Carolina Clerk Without Attorney Travel Fees

1. Detailed Answer

Under North Carolina law, you can lodge the original will with the clerk of superior court in the county where the decedent lived without requiring your attorney to travel in person. General Statute 28A-2-1 authorizes lodging and registering wills by mail. Here’s how to proceed:

1. Prepare Required Documents: Include the original will, a certified copy of the death certificate, and a completed Petition for Probate (use AOC-PR-170). Obtain probate forms at N.C. Courts’ website.
2. Include Filing Fee: Enclose a check or money order made payable to the clerk of superior court for the statutory probate fee. See the fee schedule at the clerk’s office or online.
3. Cover Letter and Return Materials: Write a brief cover letter asking the clerk to lodge the will, register it, and send you stamped copies of the filed will and letters testamentary. Include a self-addressed stamped envelope for return of documents.
4. Mail via Certified or Registered Mail: Send the packet by certified mail with return receipt requested. This method provides proof of delivery and timestamps the lodging date.
5. Follow Up in Writing or by Phone: After delivery, contact the clerk’s office to confirm registration. You can then request certified copies or letters without a personal appearance.

This process lets you avoid attorney travel fees. Your attorney can handle any follow-up questions by phone or email.

2. Key Takeaways

• North Carolina General Statute 28A-2-1 permits lodging wills by mail.
• Gather the original will, death certificate, probate petition, and filing fee.
• Use certified mail with return receipt to establish the date of delivery.
• Include a cover letter and self-addressed stamped envelope for return documents.
• Confirm receipt and registration with the clerk by phone or email.

Call to Action

If you need guidance preparing your probate paperwork or have questions about lodging a will by mail, turn to Pierce Law Group. Our attorneys know North Carolina probate rules inside and out. Contact us today to get started—email intake@piercelaw.com or call us at (919) 341-7055.