Detailed Answer
In North Carolina, the Clerk of Superior Court handles all probate estates. When someone submits a will or applies for letters, the clerk opens a public file. You can verify if an estate is open by checking that file. Visit the Clerk’s office in person or use the online case management portal at the North Carolina Judicial Branch website: nccourts.gov.
The will and related documents remain on file once probate starts. Under N.C. Gen. Stat. § 28A-12-1, estates with wills enter probate upon filing. Estates without a will use the intestacy process but still generate a public record titled “In the Matter of the Estate of [Name].”
To obtain a certified copy of the will, request it directly from the Clerk’s office. North Carolina law requires the Clerk to certify copies of any record in the probate file. See N.C. Gen. Stat. § 28A-2-3 and N.C. Gen. Stat. § 47-18. Certified copies display the Clerk’s signature and official seal. Banks and asset holders often require these copies before they release funds or transfer property.
Before you visit or mail your request, gather the decedent’s full name, date of death, and probate file number if available. Fees vary but typically run $10 per certified page. The Clerk’s office can confirm current rates and acceptable payment methods.
Key Steps to Verify an Estate’s Status and Get a Certified Copy of the Will
- Locate the Clerk of Superior Court’s office in the county where the decedent resided.
- Use the public index in person or search online via the NC Judicial Branch portal.
- Find the estate file by decedent’s name, date of death, or file number.
- Complete the Clerk’s request form or write a letter requesting a certified copy of the will.
- Include the decedent’s details and specify the number of certified copies needed.
- Send payment for the statutory fee or pay in person.
- Provide a self-addressed stamped envelope if you request copies by mail.
- Receive the certified copy bearing the Clerk’s signature and seal.
If you have questions about locating records or obtaining certified documents, Pierce Law Group has experienced attorneys ready to guide you. Email us at intake@piercelaw.com or call (919) 341-7055. We help families navigate probate with confidence and care.
