Short Answer

In North Carolina, once a will is probated, the estate file and the will are public records kept by the Clerk of Superior Court’s Estates Division. You can request plain, certified, or exemplified copies directly from the clerk. If you have an instrument number from a will recorded in another county or state, contact that recording office (often the Register of Deeds or its equivalent) to pull the document image, see submitter/return information, and request a receipt showing payment.

Understanding the Problem

You are administering an estate in North Carolina and need two things: (1) a copy of the probate file, and (2) details about a will that was recorded in another jurisdiction, including who recorded it and whether the fee was paid. You have an instrument number from that other jurisdiction. This article explains how to get those records and what to ask for from the right North Carolina offices.

Apply the Law

Under North Carolina law, original probated wills remain with the Clerk of Superior Court and become public records after probate. Certified copies can be issued on request, and an exemplified (triple-certified) copy can be issued if another jurisdiction requires it. If a will was first probated outside North Carolina and needs to affect property here, the Clerk of Superior Court may accept a certified copy of the out-of-state will and its probate proceedings for probate in North Carolina. For foreign country probates, a U.S. diplomatic/consular certification is required. When an instrument number is involved, that usually refers to a recorded document in a Register of Deeds or a similar recording office; the probate “estate file” is a separate file with an “E” number kept by the clerk, not the Register of Deeds.

Key Requirements

• Public probate records: After probate, the will and estate filings are public at the Clerk of Superior Court; you may obtain plain, certified, or exemplified copies on request.
• Out-of-state wills used in NC: To use a will probated elsewhere for North Carolina property, provide the clerk with certified copies of the will and the other jurisdiction’s probate documents; foreign-country probates require U.S. diplomatic/consular certification.
• Where to look for “instrument number” details: Instrument numbers point to a recording office (often the Register of Deeds), not the court’s estate file. Search the recorder’s index to view the image and submitter/return info.
• Who recorded and who paid: The estate file shows the applicant who filed for probate with the clerk. The recorder’s copy often shows the return address or submitter; the recording office can provide receipt details.
• Forum and threshold: Court copies come from the Clerk of Superior Court (Estates Division). Recorded instrument copies and payment receipts come from the Register of Deeds or the out-of-state equivalent. Provide the decedent’s name and file or instrument number.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2A-13 (Original wills; filing certified copies) – Original probated wills remain with the clerk; certified copies may be filed where other NC real property lies.
• North Carolina Gen. Stat. § 28A-2A-17 (Probate of certified copy of nonresident’s will) – Clerk may probate a certified copy of a will first probated elsewhere, with specified certification requirements.
• North Carolina Gen. Stat. § 31-46 (Validity of wills executed elsewhere) – Sets the rule for when an out-of-state will is valid in North Carolina.

Analysis

Apply the Rule to the Facts: Because the will was recorded in another jurisdiction and you have an instrument number, start with that recording office’s index to pull the document image and see the submitter/return information; they can also confirm payment. Separately, any North Carolina probate file lives with the Clerk of Superior Court’s Estates Division. If you need the will to control North Carolina property, file certified copies of the out-of-state will and probate documents with the North Carolina clerk; after that, you can request certified or exemplified copies from the clerk.

Process & Timing

1. Who files: The personal representative or interested party. Where: For court copies, the Clerk of Superior Court, Estates Division, in the North Carolina county handling the estate or where NC property is located. For instrument details, the Register of Deeds (or out-of-state recorder) where the document was recorded. What: Request copies of the estate file and will (no special statewide form required); for out-of-state wills used in NC, file AOC-E-201 (Application for Probate and Letters) or AOC-E-199 (Application for Probate without Qualification), with AOC-E-309 (Addendum for Out-of-State Will), plus certified copies of the will and the foreign probate. When: Requests for copies are typically same day or within a few business days; filing to use an out-of-state will in NC should be done before any sale or transfer of NC property.
2. For recorded instrument details, search the Register of Deeds website (or contact the recorder) by instrument number to view the image and submitter/return details; request a receipt or fee ledger if needed. Out-of-state recorders can usually email certified copy instructions and fees.
3. After the clerk accepts the out-of-state will for probate in North Carolina, you will receive a Certificate of Probate from the clerk and an estate “E” file number. You can then obtain certified or exemplified copies from the clerk.

Exceptions & Pitfalls

• Do not assume a recorded will equals probate. A Register of Deeds recording does not replace court probate; title and administration issues may require probate with the clerk.
• Instrument numbers are not estate file numbers. Estate files use an “E” number at the Clerk of Superior Court; instrument numbers are for recorded documents in the Register of Deeds.
• Out-of-country probate requires special certification. Certified copies must bear U.S. diplomatic/consular certification before the North Carolina clerk can act.
• Receipts live with the office that took the payment. Court costs are receipted by the clerk; recording fees are receipted by the Register of Deeds or out-of-state recorder.
• Older records may not be online. Be ready to call or visit the office to retrieve images, receipts, or certified copies.

Talk to a Probate Attorney

If you’re dealing with a will recorded in another jurisdiction and need North Carolina probate copies or recording details, 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.