Detailed Answer
Probating a will executed in another state requires an ancillary proceeding in North Carolina to transfer any real or personal property located here. You must follow North Carolina law under Chapter 28A of the General Statutes. Below is an overview of the process.
1. Determine if Ancillary Probate Is Required
If the decedent owned real estate, bank accounts, vehicles, or other assets in North Carolina, you need an ancillary administration. This is a secondary probate proceeding to clear title and distribute North Carolina assets under state law.
2. Obtain the Original Will and Certified Probate Documents
Locate the original will or an official copy. Ask the court in the state where the decedent’s estate was first opened to issue a certified, exemplified copy of the order admitting the will to probate. This document proves the will’s validity where it was first probated.
3. File a Petition for Ancillary Probate
File a petition in the North Carolina superior court in the county where the property lies. Include:
- The certified copy of the foreign probate order and the will
- A list of heirs and devisees as required by N.C. Gen. Stat. § 28A-4-4
- Any bond required by the court
4. Give Notice to Creditors
Publish notice once a week for three successive weeks in a local newspaper. This meets the requirement under N.C. Gen. Stat. § 28A-18-2. You may also serve notice directly on known creditors.
5. Appointment of Ancillary Administrator
Once the court reviews your petition and finds all requirements met, it will appoint an ancillary administrator. This person handles North Carolina assets, pays debts, and distributes property according to the will.
6. Administer the Estate and Close the Proceeding
The ancillary administrator inventories assets, notifies creditors, pays valid claims, and distributes the balance to beneficiaries. After distribution, file a final accounting and petition for discharge. The court will then close the ancillary estate.
Key Steps to Probate an Out-of-State Will
- Confirm North Carolina assets and the need for ancillary probate.
- Obtain the original will and a certified probate order from the foreign jurisdiction.
- File a petition for ancillary probate in the proper North Carolina superior court.
- Provide notice to creditors by publication and direct service.
- Secure appointment of an ancillary administrator from the court.
- Inventory, manage, and distribute North Carolina assets.
- Submit a final accounting and petition for discharge to close the estate.
If you need guidance through ancillary probate, Pierce Law Group has experienced attorneys ready to assist. Contact us today to ensure a smooth process and proper compliance with North Carolina law. Email us at intake@piercelaw.com or call (919) 341-7055.
