Detailed Answer

Under North Carolina law, any person holding an original will must deliver it to the clerk of superior court in the county where the decedent lived. North Carolina General Statute § 28A-2-2 requires prompt filing. If an executor refuses to file or disclose the will, you can force them through a court action.

First, determine if you qualify as an “interested party.” Heirs, named beneficiaries under prior wills, and other parties with a financial interest in the estate meet this test. Once you establish standing, you can proceed with the next steps.

File a Petition to Compel Delivery of Will in the superior court in the county where the decedent resided. Under G.S. 28A-2-2, a custodian must deliver the original will. Under G.S. 28A-2-5, you may bring a civil action if the custodian refuses.

Your petition should:

• Name you as petitioner and the executor as respondent.
• Cite G.S. 28A-2-2 and G.S. 28A-2-5.
• Describe the decedent, date of death, and executor’s refusal.
• Request an order compelling the executor to file the original will.

After filing, serve the executor with the petition and a summons. Attend the hearing and present your evidence. If the court orders the executor to file the will and they still refuse, the court may hold them in contempt or impose sanctions.

If the original will is lost or intentionally withheld, you can ask the court to appoint a special representative or admit a copy of the will under G.S. 28A-2-6. Timely action is critical. You generally must file the will within three years of the decedent’s death to protect your rights under G.S. 28A-8-1.

Key Steps to Compel an Executor to File a Will

• Confirm you qualify as an interested party.
• Gather proof of the executor’s refusal.
• Draft and file a petition under G.S. 28A-2-2 and G.S. 28A-2-5 in superior court.
• Serve the petition and summons on the executor.
• Attend the court hearing and secure an order.
• Enforce the court order; pursue contempt or sanctions if needed.
• Consider alternate remedies for lost or destroyed wills.

Contact Pierce Law Group

If an executor refuses to file a loved one’s will, you need a strong advocate. Pierce Law Group has experienced attorneys ready to help. Email us at intake@piercelaw.com or call (919) 341-7055 to protect your rights today.