How to Amend a Probate Petition to Add an Interested Party After an Order Has Been Issued in North Carolina
Detailed Answer
When you need to add an interested party to a probate petition after the court has already issued an order, North Carolina law allows you to amend your pleadings with the court’s permission. While the Estates Code itself does not provide a standalone rule on amendments, the North Carolina Rules of Civil Procedure apply by analogy to probate proceedings. Here’s how you handle it:
1. Request Leave of Court
Under N.C. Gen. Stat. § 1A-1, Rule 15, you must obtain the court’s leave to file an amended pleading once an initial order has been entered. Prepare a motion titled “Motion for Leave to Amend Petition,” explaining why the amendment—to add the interested party—is necessary. Cite Rule 15 for the court’s authority to grant amendment and Rule 21 for adding parties.
2. Prepare and File the Amended Petition
Draft your amended petition so the new party’s name, address, relationship to the estate, and grounds for interest appear clearly. Show changes by highlighting or marking additions. Attach the proposed amended petition to your motion.
3. Serve the New Party and All Interested Persons
Once the court grants leave, you must serve the newly added interested party and any other persons entitled to notice under N.C. Gen. Stat. § 28A-16-2. That statute requires notice to devisees, heirs at law, residuary legatees, personal representatives and anyone who delivered a written request for notice.
4. File Proof of Service and Revised Notice
File a certificate of service showing how and when each party received copies of the amended petition and hearing notice. If you need a new hearing date, request it in your motion or by separate notice as the clerk directs.
5. Attend the Hearing and Obtain a New Order
The court will set a hearing date to consider your motion and the amended petition. Present your reasons and answer any questions. If the judge approves your amendment, the court will enter an order recognizing the new interested party in the probate case.
Key Steps to Amend Your Probate Petition
- File a Motion for Leave to Amend under Rules 15 and 21 of the North Carolina Rules of Civil Procedure.
- Prepare the amended petition, clearly indicating added language.
- Serve the amended petition and new hearing notice on the added party and all interested persons per N.C. Gen. Stat. § 28A-16-2.
- File a certificate of service and request a new hearing date if needed.
- Attend the hearing, obtain the court’s order, and update the probate record.
Conclusion & Call to Action
Amending a probate petition to include an additional interested party requires careful adherence to court rules and service requirements. Pierce Law Group’s attorneys have many years of probate administration experience and can guide you through each step—from drafting your motion to securing the new order. To discuss your situation and get the process started, email us at intake@piercelaw.com or call (919) 341-7055.
