How do I probate a missing original will using a duplicate under North Carolina law?

1. Detailed Answer

When a testator’s original will goes missing, North Carolina law lets you probate a properly executed copy if you prove three things:

1. Due execution of the original. You must show the testator and two competent witnesses signed the will according to North Carolina law. See N.C. Gen. Stat. § 28A-2-2.
2. Non-revocation of the original. You must establish that the testator did not intentionally destroy, cancel or revoke the original document. A sworn statement by the custodian of the duplicate and testimony from witnesses can satisfy this requirement.
3. Accuracy of the duplicate. You must confirm that the copy you offer fairly and completely reflects the original will’s contents. Affidavits or testimony from persons who reviewed the original will support your proof.

To begin, file a Petition for Probate of Will in the Clerk of Superior Court’s office for the county where the testator lived. Attach the duplicate and any affidavits explaining the loss of the original. The clerk will schedule a hearing and require you to notify all interested parties—heirs, beneficiaries and creditors—typically by mail or publication as set out in N.C. Gen. Stat. § 28A-13-2 and § 28A-13-3.

At the hearing, present:

• A certified copy or duplicate of the will.
• Sworn affidavits from witnesses who recall the testator signing the original.
• Evidence that the testator did not cancel the original, such as testimony from family or the custodian of the document.
• Proof of notice to all interested persons.

If the court finds your proof persuasive, it will admit the copy for probate and appoint a personal representative. Once appointed, the representative distributes assets according to the terms of the duplicate will.

2. Key Steps for Probating a Duplicate Will

• Prepare and file a Petition for Probate of Will with the duplicate attached.
• Gather affidavits or witness testimony confirming due execution and non-revocation.
• Give formal notice to heirs, beneficiaries and creditors per statute.
• Attend the probate hearing and present your proof.
• Obtain the Clerk’s order admitting the duplicate to probate.
• Administer the estate under the terms of the admitted will.

Probating a lost original will using a duplicate requires careful preparation and clear proof. If you face missing documents or complex family circumstances, you do not have to navigate this process alone. The attorneys at Pierce Law Group handle estate administration every day. Contact us to discuss your situation and get a tailored plan for probating a duplicate will in North Carolina. Email us at intake@piercelaw.com or call (919) 341-7055.