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, apply for probate before the clerk of superior court in the county where the decedent was domiciled at death. 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 clerk may issue an order to show cause and set a hearing. Give notice to interested parties as required. At the hearing, present evidence that the will is genuine and that the original was not revoked. Use testimony from witnesses who saw the original at signing. If no witnesses are available, offer other competent evidence, such as a copy identified by someone familiar with it when it was in the decedent’s possession.

If the clerk finds the evidence sufficient, the clerk may admit the copy to probate. The court then issues letters testamentary, authorizing you to act as personal representative if you qualify. 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

• Apply for probate before 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 as required.
• Request an order to show cause and a hearing if required.
• Give notice of the hearing to interested persons as required.
• Present competent evidence at the hearing, such as witness testimony or other evidence identifying the copy and showing nonrevocation. (N.C.G.S. §28A-6-9)
• Obtain letters testamentary if the clerk admits the copy to probate and you qualify.
• 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.