How Do I Locate and Obtain a Copy of My Grandmother’s Will in North Carolina?
Detailed Answer
Under North Carolina law, the original will must be filed with the clerk of superior court in the county where the decedent resided within 30 days after death. See N.C. Gen. Stat. § 28A-10-2. Once the clerk admits a will to probate, the file becomes a public record.
Start by searching your grandmother’s personal papers, home files or safe-deposit box. If you don’t find the original, contact the law firm or attorney who prepared her estate documents. Many lawyers retain original wills or safekeeping copies.
If you still can’t locate the will, call or visit the clerk of superior court in the county where your grandmother lived. You can search the probate index under her name to see if someone already filed the will. If the will has been admitted to probate, the clerk’s office will have the original or a court-certified copy on file.
To obtain a copy, complete the clerk’s request form, pay the per-page and certification fees, and provide valid identification. The clerk will issue a certified copy suitable for estate administration or any other legal purpose.
If no probate case exists, you (or any interested person) may file a petition to probate the will. North Carolina law permits an interested party to open a probate proceeding when they hold the original will. The clerk will guide you through the petition form, notice requirements and filing fee. Once the court admits the will, you can request certified copies under the same procedure.
Key Steps to Locate and Obtain a Copy of a Will in North Carolina
- Search your grandmother’s personal papers, home files or safe-deposit box.
- Contact the attorney or law firm that drafted her estate plan.
- Check the clerk of superior court’s online or in-person probate index under her name.
- Confirm whether the will has been admitted to probate.
- Complete the clerk’s copy request form and pay applicable fees.
- If no probate exists, file a petition under Chapter 28A.
Locating and obtaining a loved one’s will need not be overwhelming. Pierce Law Group’s probate attorneys guide families through each step—searching records, filing petitions and securing certified copies. Reach out for clear, practical advice. Email intake@piercelaw.com or call (919) 341-7055 today.
