Frequently Asked Questions: Serving as Executor and Probate of Online Wills in North Carolina

1. Can one person serve as both executor and agent under a power of attorney?

Under North Carolina law, an agent under a power of attorney cannot act after the principal’s death. Powers of attorney end when the principal dies (N.C.G.S. §32C-2-206). If a decedent’s will names you as executor (personal representative), the clerk of superior court in the county where the decedent lived (for example, Durham County) reviews the will, appoints you, and issues letters testamentary (N.C.G.S. §28A-2-1). You then have authority to collect assets, pay debts, and distribute property according to the will.

If the will also lists you as attorney-in-fact under a power of attorney, that role ends at death and does not affect your duties as executor. Focus on filing the will for probate and obtaining official appointment.

Key Points:

• Power of attorney authority ends at the principal’s death (N.C.G.S. §32C-2-206).
• An executor (called personal representative in NC) gains authority only after the clerk approves the will and issues letters testamentary (N.C.G.S. §28A-2-1).
• Submit the original will to the clerk of superior court in the county where the decedent lived (e.g., Durham County or your local county clerk).
• If you have concerns about conflicting roles, review the will language and confirm your executor appointment.

2. How do I probate an online will with conflicting or missing provisions in NC?

Online wills can contain unclear or incomplete language. North Carolina courts require a valid will to:

• Be signed by the testator (the person who made the will) in the presence of two competent witnesses.
• Express testamentary intent: the will must clearly distribute assets after death.

If a provision is ambiguous—such as naming “attorney-in-fact” without specifying real property—or omits assets, you may need to:

1. Have the will reviewed by an attorney to interpret ambiguous clauses.
2. Obtain a judicial determination if beneficiaries disagree on meaning (N.C.G.S. §28A-8-1).
3. File a petition to probate the will in the clerk’s office of the county where the testator lived.

For step-by-step guidance on submitting a will and completing probate, see our post: How do I file probate in the correct county and proceed when a will is missing in North Carolina?

Checklist for Probate of an Online Will:

• Locate the original will and confirm it meets signing and witnessing requirements.
• Identify all assets, including real estate, bank accounts, and personal property.
• Calculate debts and tax obligations.
• File a petition for probate with your county clerk (e.g., Durham County Clerk of Superior Court).
• Notify heirs and creditors as required by statute (N.C.G.S. §28A-14-1).
• Obtain letters testamentary and proceed with estate administration.

Every county has its own filing procedures and fees. Check with your local clerk of superior court before you file.

Take the Next Step

Handling an online will that names you in multiple roles can feel overwhelming. At Pierce Law Group, our attorneys have helped hundreds of families in Durham County and throughout North Carolina navigate probate. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation. Let us guide you through interpreting the will, filing in the correct county, and protecting the estate for all beneficiaries.