Dec192025
Probate Q&A Series

How do I get a copy of the will if the person holding it will not share it with me? – North Carolina

Short Answer

In North Carolina, an original will generally becomes a public court record only after someone files it with the Clerk of Superior Court for probate (or at least deposits it with the clerk after death). If the person holding the will will not provide a copy and also has not filed it, an “interested person” can ask the Clerk of Superior Court to open a file and require the will to be presented for probate. If the named executor does not act within 60 days after death, an interested person may apply to probate the will after giving the named executor 10 days’ notice.

Understanding the Problem

Under North Carolina probate practice, the key question is: when a family member or other custodian has the original will after someone dies and will not share it, what steps can an “interested person” take through the Clerk of Superior Court to get the will filed or probated so a copy can be obtained from the court record? The practical trigger is that the will has not been filed and the estate has not been opened, so there is no public estate file to request documents from.

Apply the Law

In North Carolina, wills are handled through the Estates Division of the Clerk of Superior Court in the county with proper venue for the estate. Once a will is admitted to probate, the original stays with the clerk as part of the court’s public records, and certified copies can be requested. If the named executor does not present the will for probate within a set period after death, North Carolina law allows certain interested persons to apply for probate themselves after providing required notice to the named executor.

Key Requirements

  • Standing as an “interested person”: The person asking the clerk to act generally must have a direct, financial stake in the estate (for example, as a named beneficiary under the will, an heir if there were no will, or another person whose rights depend on whether a will exists).
  • A proper filing path with the Clerk of Superior Court: The request is typically made through the Estates Division to (1) locate whether a will was deposited for safekeeping, and/or (2) present the will for probate so it becomes part of the estate file.
  • Timing and notice if the executor does not act: If the named executor fails to present the will within 60 days after death, an interested person may apply for probate, but must first give the named executor at least 10 days’ notice (unless the clerk shortens the period for good cause).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The grandparent has died, the surviving spouse is named as executor, and the will has not been filed or probated. That means there is likely no public estate file yet, so a direct request for a court copy may not be possible until the will is filed with the Clerk of Superior Court. Because the executor has not acted and has not provided a promised copy, the next leverage point is usually the clerk process: an interested person can ask the Estates Division what is on file and, if appropriate, apply to have the will presented for probate after the statutory waiting period and notice to the named executor.

Process & Timing

  1. Who files: An interested person (often an heir or alleged beneficiary). Where: Estates Division, Office of the Clerk of Superior Court in the county where the estate should be administered in North Carolina. What: A request to search for a deposited will (if any) and, if the will exists but is not being probated, an application to probate the will (the clerk’s office commonly uses Administrative Office of the Courts estate forms). When: If the named executor does not present the will within 60 days after death, an interested person may apply to probate the will after giving the named executor 10 days’ notice (unless shortened for good cause).
  2. Getting the copy once filed: If the will has already been filed or admitted to probate, the will is kept in the clerk’s office as part of the court record. A copy (or certified copy) can then be requested from the clerk, and the clerk typically sends required notices to beneficiaries when the will is admitted to probate if addresses are known.
  3. If there is resistance or delay: If the named executor continues not to act, the clerk process can move the case forward so the will is placed in the court file. Separately, once a will is probated, a person with standing who believes the will is invalid may have options to challenge it (a “caveat”), which has strict timing rules tied to the probate date.

Exceptions & Pitfalls

  • No standing: Not every family member automatically qualifies as an “interested person.” If the person requesting the will is neither a beneficiary nor an heir who would inherit without a will, the clerk may not accept filings that rely on interested-person status.
  • Confusing “executor” with “personal representative”: A named executor in a will does not have full authority to act for the estate until the Clerk of Superior Court qualifies the person and issues authority to administer (commonly called “letters”). A delay in opening the estate can stall information flow and creditor/beneficiary notices.
  • Assuming the clerk already has the will: Some wills are deposited with the clerk for safekeeping during life, but many are not. A manual search request can help confirm whether a will is already on deposit, but the clerk cannot provide public access to a deposited will until it is offered for probate.
  • Waiting too long to protect rights: Some deadlines run from the date the will is probated (for example, the general three-year caveat period after common-form probate). If the will is eventually probated without notice being received, it is still important to confirm the probate date and evaluate any deadlines promptly.
  • Communication blow-ups: A cease-and-desist letter does not by itself prevent proper filings with the Clerk of Superior Court. But repeated direct contact with represented parties can create avoidable conflict; a focused, clerk-centered approach (or attorney-to-attorney communication) often reduces escalation.

Conclusion

In North Carolina, a will typically becomes available through the court system only after it is filed with the Clerk of Superior Court and admitted to probate (or at least filed into an estate file). When the person holding the will refuses to share it and the named executor has not opened probate, an interested person can move the process forward through the Estates Division. The key timing rule is that if the named executor does not present the will within 60 days after death, an interested person may apply to probate the will after giving the executor 10 days’ notice.

Talk to a Probate Attorney

If a will is being withheld and probate has not been opened, experienced attorneys can help identify the right clerk’s office, confirm interested-person standing, prepare the proper filings, and track the 60-day and notice requirements. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.