How to Probate a Copy of a Will When the Original Is Missing in North Carolina
Understanding the Process
When you discover that the original will is missing, North Carolina law still allows you to probate a copy. Under N.C.G.S. §28A-6-9, a copy can serve as evidence if you show the original existed and was not revoked. The process follows the same basic probate steps but adds proof requirements for a missing document.
First, file a petition for probate in the clerk of superior court where the decedent lived. Include the copy of the will and a statement detailing when and how the original was lost or destroyed. Explain why you believe the decedent did not revoke the original will. List the names and addresses of interested parties, including heirs, beneficiaries, and any nominated personal representative. (See N.C.G.S. §28A-6-2.)
Next, the court issues an order to show cause, setting a hearing date. Serve all interested parties with the order and a notice of the hearing. At the hearing, present evidence that the will is genuine. Use testimony from witnesses who saw the original at signing. If no witnesses are available, offer other credible evidence, such as a copy attested by someone who handled it when it was in the decedent’s possession.
If the judge finds the evidence convincing, they admit the copy to probate. The court then issues letters testamentary, authorizing you to act as personal representative. You proceed to administer the estate according to the terms of the probated copy.
Key Steps to Probate a Copy of a Will in North Carolina
- File a petition for probate with the clerk of superior court, including a copy of the will and a statement on the loss. (N.C.G.S. §28A-6-2)
- Detail the circumstances of the loss and affirm no revocation of the original will.
- Provide names and addresses of all interested parties for service of process.
- Request an order to show cause and schedule a hearing.
- Serve the order and hearing notice on heirs, beneficiaries, and other interested persons.
- Present credible evidence at the hearing, such as witness testimony or a properly attested copy. (N.C.G.S. §28A-6-9)
- Obtain letters testamentary once the court admits the copy to probate.
- Administer the estate according to the terms of the probated copy.
At Pierce Law Group, our attorneys guide families through will probate, including lost or destroyed originals. Contact us to review your situation. Email intake@piercelaw.com or call (919) 341-7055 for a consultation.
