How do I get a missing affidavit of publication from the newspaper and file it with the court? – North Carolina

Short Answer

In North Carolina probate, the clerk often needs proof that the Notice to Creditors ran in a qualifying newspaper for the required weeks. The usual proof is an “Affidavit of Publication” (sometimes called “Proof of Publication”) prepared by the newspaper, signed by an authorized representative, and notarized. If it is missing from the estate file, the fix is typically to request a replacement affidavit from the newspaper (with the publication dates and a copy of the notice attached) and then e-file it in the estate case with the Clerk of Superior Court (Estates).

Understanding the Problem

In a North Carolina estate administration, a personal representative must often show the Clerk of Superior Court that the required creditor notice was published and that the estate file contains the newspaper’s sworn proof. The practical question is: when the clerk says the estate file is missing the affidavit of publication, how can the personal representative or the attorney obtain a replacement affidavit from the newspaper and get it accepted into the court’s estate record so the clerk can move the final accounting forward?

Apply the Law

North Carolina law allows publication of a legally required notice to be proven by a copy of the notice plus an affidavit from certain newspaper personnel stating the notice ran and listing the publication date(s). That affidavit-and-copy package is treated as prima facie evidence of publication. In probate practice, the affidavit of publication is the standard document the clerk expects to see in the estate file to confirm the Notice to Creditors was properly published.

Key Requirements

Confirm what ran and when: The replacement affidavit must match the estate’s Notice to Creditors and list the actual run dates (typically once a week for four consecutive weeks).
Proper affidavit format: The affidavit should be signed by an authorized newspaper representative and notarized, and it should attach (or clearly identify) a copy of the published notice.
File it in the correct estate file: The affidavit must be submitted to the Clerk of Superior Court (Estates) in the county where the estate is administered, using the county’s accepted filing method (often e-filing through the attorney portal when available).

What the Statutes Say

N.C. Gen. Stat. § 1-600 (Proof of publication of notice in newspaper) – Allows proof of newspaper publication by a printed copy of the notice plus an affidavit from specified newspaper personnel stating the publication date(s); the affidavit and copy are prima facie evidence.

Analysis

Apply the Rule to the Facts: Here, the final accounting cannot be finalized because the estate file appears to be missing the affidavit that proves the Notice to Creditors was published. Under North Carolina practice, the solution is to obtain a replacement affidavit from the newspaper that ran the notice, making sure it includes the run dates and a copy of the notice, and then e-file that affidavit into the estate record so the clerk can treat publication as proven.

Process & Timing

Who requests it: The personal representative’s attorney (or the personal representative, if self-represented). Where: The newspaper’s legal advertising department. What: A replacement “Affidavit of Publication/Proof of Publication” for the estate’s Notice to Creditors, with the publication dates and a copy of the notice attached. When: As soon as the clerk flags the missing document, because the clerk may not complete review of the final accounting until the estate file is complete.
Verify the details before filing: Confirm the decedent’s name, the estate file number (if included), the county, and the exact first publication date and the subsequent weekly dates. If the newspaper can provide a “tear sheet” or PDF of the first run, use it to confirm the notice text matches what was intended.
E-file with the clerk: File the affidavit in the estate proceeding with the Clerk of Superior Court (Estates) in the county of administration. Use the county’s accepted e-filing category for estate documents and label the filing clearly (for example, “Affidavit of Publication – Notice to Creditors”). After filing, confirm the document appears on the estate docket/record and follow up with the clerk’s office if the final accounting review still shows a deficiency.

Exceptions & Pitfalls

The newspaper “ran it,” but the affidavit was never issued: Some papers do not automatically send the affidavit unless requested. A direct request for a replacement proof of publication usually fixes this.
Dates or text do not match: If the affidavit lists the wrong run dates or attaches the wrong notice version, the clerk may still reject it. The affidavit should reflect the actual publication history.
Wrong county or wrong estate file: If the notice ran in a paper that does not meet local requirements or the affidavit is filed into the wrong estate record, the deficiency may remain. Confirm the county of administration and the estate file number before filing.
Assuming e-filing rules are uniform: North Carolina estate administration is handled by the Clerk of Superior Court, and filing workflows can vary by county. When in doubt, confirm the preferred submission method with the Estates division before resubmitting.

For more context on how publication fits into closing an estate, see the steps to publish the notice to creditors and close the estate.

Conclusion

In North Carolina, the clerk typically treats a newspaper’s notarized affidavit (with a copy of the notice and the publication dates) as the standard proof that the Notice to Creditors was published. When that affidavit is missing from the estate file, the usual fix is to request a replacement “Affidavit of Publication/Proof of Publication” from the newspaper that ran the notice and then file it in the estate proceeding with the Clerk of Superior Court (Estates). The next step is to e-file the affidavit into the correct estate file as soon as it is received.

Talk to a Probate Attorney

If a probate estate cannot move forward because the clerk says the file is missing an affidavit of publication, our firm has experienced attorneys who can help clarify what the clerk needs, coordinate with the newspaper, and file the document correctly. 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.