How do I probate a copy of a will when the original is missing in North Carolina?

Detailed Answer

When the original will cannot be located after a testator’s death, North Carolina law allows you to submit a copy for probate under N.C. Gen. Stat. § 31-8. The clerk of superior court must be satisfied that the testator executed the will properly and did not revoke it. Follow these steps:

1. Conduct a diligent search. Look in safes, filing cabinets, attorney’s offices, and with family members. Document your efforts in an affidavit to show the court you made a good‐faith attempt to find the original.
2. Confirm no revocation. Interview family and the named executor to ensure the testator did not destroy, cancel, or replace the will. You may prepare an affidavit describing the testator’s intent.
3. Gather witness testimony. Under N.C. Gen. Stat. § 31-8, you need either:
   • One of the original witnesses who subscribed the will to testify under oath; or
   • Two disinterested witnesses who can attest positively to the due execution and that they believe the will reflects the testator’s intent.
4. Prepare your petition. File a petition for probate of the copy in the county where the decedent lived. Attach:
   • The copy of the will;
   • Your affidavit describing the search for the original;
   • Affidavits or sworn statements from your witnesses.
5. Attend the probate hearing. The clerk will review your evidence. If the clerk finds the proof adequate, they will admit the copy to probate and appoint a personal representative. Once appointed, the representative can manage and distribute the estate according to the copy of the will.

In some cases, a will may already be recorded in the land records. Under N.C. Gen. Stat. § 31-13, a recorded copy is admissible without further proof of due execution. Always verify whether a recorded copy exists before starting probate of a will copy.

Key Points to Remember

• Document all efforts to locate the original will.
• Gather clear, credible testimony about execution and non-revocation.
• File the petition in the decedent’s home county.
• Cite N.C. Gen. Stat. § 31-8 for proof of a lost or destroyed will.
• Check for a recorded copy under N.C. Gen. Stat. § 31-13.

Probating a copy of a missing will involves careful documentation and credible witness statements. If you need guidance or assistance, turn to Pierce Law Group. Our attorneys have extensive experience in North Carolina probate administration and stand ready to help you navigate the process. Contact us today by email at intake@piercelaw.com or call (919) 341-7055.