How do we request more time or a continuance before our scheduled probate hearing? – North Carolina

Short Answer

In North Carolina probate matters before the Clerk of Superior Court, you can ask for more time by filing a written Motion to Extend Time or Motion to Continue and explaining the reason. If you ask before the deadline or hearing, the clerk may extend time “for cause shown” (typically up to 10 days, longer for good cause). If a deadline has already passed, you must show excusable neglect. All parties may also file a written stipulation extending time up to 30 days without a court order.

Understanding the Problem

You need to know how to ask the North Carolina Clerk of Superior Court for more time to prepare for an upcoming estate hearing. The heirs recently reopened a closed estate after discovering corporate stock that the issuer refuses to transfer. The immediate decision is: can the heirs get a continuance of the scheduled hearing so they can prepare filings or secure counsel for an in-person appearance?

Apply the Law

In North Carolina, estate proceedings are heard by the Clerk of Superior Court. After an estate petition is served, any party or the clerk may calendar a hearing once the response time expires. To move a hearing date or extend a response deadline, the statutes give the clerk discretion to grant extensions. Before a deadline expires, the clerk may extend time for cause shown; an initial extension is typically up to 10 days, and longer extensions require a showing of good cause and that justice requires it. After a deadline expires, you must show excusable neglect to obtain relief. Parties may also file a written stipulation extending time up to 30 days without an order. Subsequent motions and papers are served on parties under Rule 5. The main forum is the Clerk of Superior Court in the county where the estate is administered.

Key Requirements

• Show cause (before deadline/hearing): File a brief written motion explaining why you need more time; the clerk may allow an extension in discretion.
• Good cause for longer extensions: Extensions beyond 10 days require good cause and that justice requires the extra time.
• Excusable neglect (after deadline missed): If you ask after a date has passed, explain facts showing a reasonable, excusable failure to act.
• Stipulated extension: All parties may sign and file a written stipulation extending a required time by up to 30 days without court approval.
• Serve all parties: Serve your motion or stipulation on all parties under Rule 5 so everyone has notice.
• Forum and calendar control: The Clerk of Superior Court controls scheduling and may set a brief hearing on your request.

What the Statutes Say

• N.C. Gen. Stat. § 28A-2-6 (Estate proceedings; extensions and hearings) – Establishes procedures for estate proceedings, service, hearings, and extensions of time.
• N.C. Gen. Stat. § 28A-2-4 (Jurisdiction of the clerk) – Confirms clerk’s jurisdiction over estate proceedings.
• N.C. Gen. Stat. § 1-301.3 (Appeals from orders of the clerk) – Provides for written orders and appeals process from the clerk.

Analysis

Apply the Rule to the Facts: The heirs reopened a closed estate to deal with corporate stock the issuer will not transfer. If they need more time before the scheduled hearing, they should promptly file a motion showing cause—such as needing time to gather documents from the issuer or retain counsel. If they seek more than 10 days, they should explain good cause and why justice requires the extra time. If a response or deadline has already passed, they must show excusable neglect. If all parties agree, filing a written stipulation for up to 30 extra days is the fastest path.

Process & Timing

1. Who files: Any party needing time (the heirs or their counsel). Where: Clerk of Superior Court in the county where the estate is administered. What: A written “Motion to Continue” or “Motion to Extend Time” stating the reason, how much additional time is needed, and a proposed new date; include a proposed order. Serve all parties under Rule 5. When: File as soon as the need arises and before the deadline or hearing if possible; initial extensions are typically up to 10 days, longer require good cause.
2. The clerk may rule on the papers or set a short hearing; timing varies by county. If all parties agree, submit a signed stipulation extending time up to 30 days without court order and notify the clerk promptly.
3. On approval, expect a written order continuing the hearing and an updated notice of the new date; file and serve the order and any revised notice on all parties.

Exceptions & Pitfalls

• Asking after a deadline: You must show excusable neglect; simple oversight without details may not suffice.
• Requesting long delays: Extensions beyond 10 days require a specific good-cause showing that justice requires it.
• Assuming consent is enough: Even if everyone agrees, file a written stipulation (up to 30 days) or a consent motion so the clerk knows to reset the calendar.
• Service missteps: Serve motions and stipulations on all parties under Rule 5; failure to serve can delay or derail your request.
• Transfer trap: If a party plans to transfer a proceeding within the clerk’s permissive jurisdiction, do not let a continuance hearing occur before serving the transfer notice.
• Attendance/accommodations: Some counties allow remote appearances or have local administrative orders; ask the clerk’s office early if you need a remote or accessibility accommodation.

Talk to a Probate Attorney

If you’re facing an upcoming estate hearing and need more time to prepare or coordinate an in-person appearance, 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.