How Do I Probate a Lost or Destroyed Will When the Original Is Missing in North Carolina?

Detailed Answer

When a person dies and the original will cannot be found, North Carolina law lets you offer secondary evidence of the will’s contents and execution. Under G.S. 31-30.1, when a will is lost or destroyed, the court presumes the decedent intended to revoke it. To overcome this presumption, you must present clear and convincing evidence that the testator did not intend to revoke the will.

Next, G.S. 31-30.2 requires testimony or affidavits from at least two credible witnesses who either signed the will or can describe its contents and attest to its proper execution. You may also introduce an attested copy, an authenticated transcript, or a certified examiner’s copy of the will.

To begin the probate process for a lost or destroyed will, follow these steps:

• Search thoroughly for the original will in personal papers, safe deposit boxes, attorney files, and other locations.
• Collect secondary evidence: any copies, drafts, notes, or digital versions of the will.
• Locate and secure affidavits or depositions from at least two credible witnesses under G.S. 31-30.2.
• Prepare a petition for probate of a lost or destroyed will and file it with the clerk of superior court in the decedent’s county of residence.
• Attach all secondary evidence, witness affidavits, and a statement detailing your search efforts for the original will.
• Serve notice on all beneficiaries, heirs, and any interested parties as required by law.
• Attend the court hearing and present clear and convincing evidence to rebut the presumption of revocation under G.S. 31-30.1.
• If the court is satisfied, it will admit the copy or transcript to probate and issue letters testamentary or letters of administration with will annexed.

Key Considerations

• The presumption of revocation applies automatically when the original will is missing.
• You bear the burden of proof to show the decedent did not revoke the will.
• Affidavits and witness testimony play a critical role in meeting the clear and convincing standard.
• Filing fees, notice requirements, and hearing procedures follow the same rules as a standard probate, but the process may take longer.
• Settlement may require extra time and legal guidance to gather sufficient evidence.

Ready to Get Started?

If you need help navigating the probate of a lost or destroyed will in North Carolina, Pierce Law Group has experienced attorneys who will guide you through every step. Don’t face this process alone. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.