How do I get a copy of the will that was submitted to probate if the family says the original was lost? – North Carolina

Short Answer

In North Carolina, once a will (or a copy of a will) is offered for probate, it is handled through the Clerk of Superior Court (Estates) in the county where the person lived at death, and the probate file is generally available for copying. The practical answer is to request a copy from the estate file—often a certified copy if it will be used for housing, banking, or title issues. If the “original was lost,” the probate file should show whether the Clerk admitted a copy and what proof was used to do that.

Understanding the Problem

In North Carolina probate, the key question is: can a person obtain the will that was filed with the Clerk of Superior Court when family members claim the original will cannot be found? This issue usually comes up when an executor relies on a will to demand action—such as requiring someone to move out of a property—while another interested person wants to verify what was actually submitted to the estate file and whether the probate paperwork matches what the family is saying.

Apply the Law

North Carolina gives the Clerk of Superior Court (acting as the judge of probate) exclusive original jurisdiction over probate of wills and estate administration. Once a will is offered for probate, it becomes part of the estate record maintained by the Estates Division in the Clerk’s office. If the original will was truly unavailable, North Carolina law allows probate to proceed in certain situations using a copy, but the person offering the copy generally must account for why the original is missing and show the will was properly executed and not revoked.

Key Requirements

Identify the correct estate file: The request is made through the Clerk of Superior Court in the county where the decedent was domiciled at death (the county that opened the estate).
Ask for the right type of copy: A regular copy is often enough to read the will; a certified copy is often needed for third parties (for example, to prove what the probate record says).
Confirm what was actually probated: The file should show whether the Clerk admitted an original will, a self-proved will, or a copy/duplicate offered because the original could not be produced, along with the supporting filings.

What the Statutes Say

N.C. Gen. Stat. § 7A-241 (Probate jurisdiction) – Places probate and estate administration under the Clerk of Superior Court as judge of probate.
N.C. Gen. Stat. § 98-4 (Copy of lost will may be probated) – Allows probate of a copy in limited “lost or destroyed record” situations, with proof requirements.
N.C. Gen. Stat. § 98-5 (Copy and probate record as evidence) – Treats certified copies of the will and probate record as competent evidence in later proceedings.

Analysis

Apply the Rule to the Facts: The facts describe an executor demanding that a family member move out of a property and concerns about possible mismanagement and missing information. The fastest way to verify what authority the executor is relying on is to obtain the will (or copy) that was actually submitted to probate and review the probate record showing what the Clerk admitted. If the family claims the “original was lost,” the estate file may also show whether the Clerk accepted a copy and what explanation and proof were provided to support using a copy instead of the original.

Process & Timing

Who requests: Any interested person (and often any member of the public) can request copies from an estate file. Where: Clerk of Superior Court, Estates Division, in the county where the estate was opened in North Carolina. What: Request a copy of the will and the probate paperwork (often called the “estate file” or “probate file”); request a certified copy if the document must be used with a bank, insurer, or in a housing/title dispute. When: As soon as the estate file exists; once the will is offered for probate, it is no longer kept private like a will deposited for safekeeping during life.
Confirm the filing details: Ask the Clerk’s office for the estate file number, the date the will (or copy) was admitted, and whether the will was probated in common form or through a more formal proceeding. If the will was admitted as a copy because the original could not be produced, ask for the supporting petition/affidavits filed to explain the missing original.
Use the copy for the next decision: After reviewing the will and probate record, the next step is usually either (a) requesting additional estate filings (inventory/accountings) to understand what the executor reported, or (b) getting legal advice about whether a challenge to the will or the executor’s actions is realistic and time-sensitive.

Exceptions & Pitfalls

“Lost will” claims can mean different things: Sometimes the family means the original cannot be found; other times it means the Clerk’s historical records were lost or destroyed. The probate file usually clarifies which situation is being claimed and what proof was offered.
Asking only the family can delay things: Relying on relatives to provide the will can lead to incomplete documents (missing self-proving affidavit pages, codicils, or the Clerk’s certificate). A copy pulled directly from the estate file reduces that risk.
Not requesting certification when needed: A plain photocopy may be rejected by third parties. If the will copy will be used to prove what the probate record says, requesting a certified copy can avoid repeat trips and delays.
Waiting too long to evaluate a challenge: If the will is questionable or the executor’s authority is being used to force a move, delays can reduce options. Timing can be especially important if a will contest is being considered.

For more detail on pulling estate filings, see get copies of all filings and updates and request certified copies or regular copies of an estate court file.

Conclusion

In North Carolina, the will that was submitted to probate (even if it was submitted as a copy because the original was missing) should be in the estate file maintained by the Clerk of Superior Court in the county where the decedent lived at death. The practical way to get it is to request a copy—often a certified copy—from the Estates Division and also request the probate paperwork showing what the Clerk admitted. Because probate can start the clock for a will challenge, the next step is to obtain the probate copy promptly and review it for what was actually filed.

Talk to a Probate Attorney

If you’re dealing with a disputed will or an executor who is demanding action based on a will that may not match what was filed, our firm has experienced attorneys who can help you understand your options and timelines. 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.