Short Answer

In North Carolina, the person offering a will for probate must identify their legal role and how they are connected to the decedent. If no executor was named in the will (as here), select “devisee” if you inherit under the will, or “other interested person” if you are filing as the out‑of‑state personal representative (administrator c.t.a.) or another person with a direct interest. In the relationship field, state your family tie (e.g., “child,” “spouse”) or fiduciary status (e.g., “domiciliary administrator c.t.a.”).

Understanding the Problem

You need to complete the “applicant” and “relationship” portions of a North Carolina petition to probate a will without qualification. You are filing in North Carolina after a prior probate in another jurisdiction that used an administrator c.t.a. because no executor was named. You want to choose the correct applicant role and accurately state your connection to the decedent on the form filed with the Clerk of Superior Court.

Apply the Law

North Carolina lets the named executor offer a will for probate. If no executor is named or the named executor does not apply, a devisee (beneficiary under the will) or another interested person may apply. On the application, you must identify your status and describe how you are interested in the estate. When you are probating a will that was already admitted elsewhere, you typically use the probate-without-qualification process and attach certified copies of the foreign will and its probate. The Estates Division of the Clerk of Superior Court in the North Carolina county where the decedent owned property handles this filing. There is no strict time limit to offer a will for probate, but certain real property protections for third parties can be affected by delays.

Key Requirements

• Eligible applicant: The named executor; if none is named or not applying, a devisee or another interested person may apply.
• Describe your interest: The application must state whether you are a devisee, the domiciliary personal representative (e.g., administrator c.t.a.), or another person with a direct stake, and briefly explain how.
• Use the right forms: For probate without qualification, file AOC‑E‑199 and, for out‑of‑state wills, add AOC‑E‑309 with certified copies of the will and the foreign probate order.
• Proper venue: File with the Clerk of Superior Court in a North Carolina county where the decedent owned property.
• Real property threshold: To affect North Carolina real estate, the clerk must be satisfied the will meets North Carolina’s validity rules for out‑of‑state wills.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2A-5 (Application for probate) – Application must state applicant’s status and how they are interested.
• North Carolina Gen. Stat. § 28A-2A-1 (Executor may apply) – A named executor may apply to probate a will.
• North Carolina Gen. Stat. § 28A-2A-2 (Devisee or other interested person) – If the executor does not apply, a devisee or other interested person may apply.
• North Carolina Gen. Stat. § 28A-2A-17 (Certified copy of nonresident’s will) – Allows probate in North Carolina using certified copies of a will first probated elsewhere.

Analysis

Apply the Rule to the Facts: Because no executor was named in the will, you would not select “executor.” If you inherit under the will, select “devisee” and state that relationship in the application. If you are the out‑of‑state administrator c.t.a. from the prior proceeding, select “other interested person” and explain your status (e.g., “domiciliary administrator c.t.a. of decedent’s estate”). In the relationship field, list your family tie (e.g., “child”) or fiduciary role.

Process & Timing

1. Who files: The devisee beneficiary or the domiciliary administrator c.t.a. Where: Clerk of Superior Court, Estates Division, in the North Carolina county where the decedent owned property. What: File AOC‑E‑199 (Application for Probate Without Qualification) and AOC‑E‑309 (Addendum for Out‑of‑State Will), with certified copies of the foreign will and probate order. When: File as soon as practical; there is no strict statute of limitations for offering a will for probate.
2. The clerk reviews the filing, verifies the applicant’s status and relationship description, and, if satisfied with the foreign probate documents, admits the will to probate and issues a Certificate of Probate. The clerk then mails notices to known beneficiaries. Processing times vary by county.
3. Final step and outcome: The will is recorded in the county; no letters are issued because you chose probate without qualification. If later estate administration is needed in North Carolina, a separate qualification can be sought.

Exceptions & Pitfalls

• Do not choose “executor” if the will names none. Select “devisee” if you take under the will, or “other interested person” if filing as the out‑of‑state administrator c.t.a. or similar fiduciary.
• In the relationship field, be specific: list your family tie (e.g., “spouse,” “son,” “sibling”) or state “domiciliary administrator c.t.a.; no family relationship.” Vague entries like “friend” without explaining your interest can delay acceptance.
• Attach certified copies of the foreign will and probate order. Plain photocopies are not sufficient; consular certification is required for documents from outside the United States.
• If a will had named an executor, a devisee/other interested person generally must give statutory notice to that executor before applying. Not applicable here but important in other cases.
• For wills affecting North Carolina real estate, the clerk must be satisfied the will meets recognized validity rules for out‑of‑state instruments; include documents that show it was duly proved under the other jurisdiction’s law.

Talk to a Probate Attorney

If you’re dealing with an out‑of‑state will and need to record it in North Carolina without opening a full estate, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.