1. Detailed Answer

When someone passes away in North Carolina, their will and related probate proceedings become public records once they file with the clerk of superior court in the county where the decedent lived. To verify whether an estate is open and to obtain a copy of the will, follow these steps:

Step A: Identify the Proper County Clerk’s Office

Locate the county where the decedent resided at the time of death. Probate matters are handled by the clerk of superior court in that county under Chapter 7A of the North Carolina General Statutes. You can find contact information and office hours on each county’s website or via the North Carolina Judicial Branch directory at nccourts.gov/locations.

Step B: Search the Estate Records

Most counties offer an online public index for estates. Use the decedent’s full name or estate file number to search. If an index is unavailable online, you can:

• Visit the clerk’s office in person
• Call the probate department and provide the decedent’s name and date of death
• Submit a written request by mail

If the estate is open, you will see an estate file number and entries for filings such as the application for probate, notices to creditors, and the admitted will.

Step C: Obtain a Copy of the Will

Once the will is admitted to probate, the clerk’s office holds the original document. You can request a certified copy by:

• Filling out a request form at the clerk’s office
• Submitting a written request by mail or email, including the estate file number and a return address
• Paying the clerk’s statutory fee (see N.C. Gen. Stat. § 7A-308)

Certified copies carry the clerk’s seal. You may need multiple copies for banks, title companies, or other institutions.

Legal Authority

North Carolina statutes governing these procedures include:

• Chapter 7A (Judicial Department: Clerks of Superior Court)
• N.C. Gen. Stat. § 28A-2 (Definitions and general provisions)
• N.C. Gen. Stat. § 28A-8 (Recording and indexing of wills)

2. Key Takeaways

• Probate begins when someone files the will and application with the county clerk’s office.
• County clerks maintain a public index of estates you can search online or in person.
• You need the estate file number or decedent’s name to pull records.
• Certified copies of the will require a formal request and a small fee under N.C.G.S. § 7A-308.
• Original wills stay with the clerk’s office; certified copies carry legal authenticity.