How to Check if a Will Has Been Filed in North Carolina

When someone dies, their will may guide the distribution of assets. In North Carolina, the first step is to confirm whether the original will has been lodged with the clerk of superior court in the jurisdiction where the deceased lived. Under North Carolina law, deposit and retention of wills in court follow specific rules:

• Locate the clerk’s office. Contact the clerk of superior court in the county of the decedent’s last residence. You can call or visit in person to inquire about the estate file under the decedent’s full legal name and date of death.
• Search the court’s records. Most clerk’s offices keep a probate index or register of wills. Ask to view the probate docket or online register for entries showing the filing of a will. Some offices now offer limited online search tools.
• Review filing requirements. North Carolina General Statute § 28A-2-2 covers deposit, retention, and probate of wills. It requires anyone in possession of a will to deliver it to the clerk within 30 days after death. You can read the statute here: https://ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-2-2.html
• Confirm probate status. If a will is on file, the clerk’s office will note whether the will has been admitted to probate. Probate confirms the clerk recognized the will as valid for administering the estate.

By following these steps, you gain clarity on whether an estate administration under the terms of the will has begun.

Steps to Take if No Will Has Been Filed

If you learn that no will has been filed, act promptly to protect the estate and legal rights of heirs. North Carolina law provides a path for both missing wills and intestate estates.

• Search for the original will. Check personal files, safe deposit boxes, and ask the decedent’s attorney or financial advisor if they hold the document.
• Ask family members. A will may be in a relative’s possession. If someone declares they have the original, request that they file it with the clerk under N.C.G.S. § 28A-2-2.
• Publish a notice. If you suspect a will exists but cannot locate it, file a notice in the county where the decedent lived. The notice invites presentation of any will. The clerk’s office can advise you on the required language and publication schedule.
• Proceed with intestate administration. When no will appears within 30 days after death, the estate moves forward as intestate. The clerk will appoint an administrator under N.C.G.S. § 28A-6-2. Assets then pass according to North Carolina’s intestate succession statutes (see N.C.G.S. § 29-14). Visit the statute here: https://ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_29/GS_29-14.html
• Consult an attorney. An attorney can guide you through filing motions, notices, and petitions to protect the estate and ensure proper distribution under state law.

Conclusion and Next Steps

Determining whether a will has been filed and taking action if it hasn’t protects heirs and preserves estate assets. Pierce Law Group has experienced attorneys ready to help you navigate probate, locate missing wills, or open an intestate estate. Contact us today to learn how we can assist you.

Call us: (919) 341-7055
Email: intake@piercelaw.com