How do you probate a missing or lost will in North Carolina when you have only a copy?

Detailed Answer

In North Carolina, the probate process generally requires the original will. When the original is missing or presumed destroyed but you possess only a copy, you must ask the clerk of superior court to admit that copy under stricter proof requirements. The goal is to show the court that the decedent executed a valid will and did not revoke it by destroying the original.

Here is how the process works under North Carolina law:

1. File a petition for probate of a lost will. Submit a Petition for Probate of Will and Appointment of Executor with the clerk of superior court in the county where the decedent lived. Under G.S. 28A-3-3, the court can admit a copy when the original isn’t available.
2. Attach a certified copy of the will. Provide the clerk with the best copy you have. This might be a photocopy or a digital scan. Label it clearly as the only copy of the decedent’s will.
3. Gather affidavits and witness testimony. Under G.S. 28A-3-4, you must prove:
   • The decedent duly executed the will.
   • The decedent did not revoke the will by tearing, burning, or otherwise destroying the original.
   • The copy is a true and complete reproduction of the original.

   You can satisfy these requirements either by presenting the attesting witness or by producing two disinterested witnesses who can swear under oath to these facts.

4. Provide notice to interested parties. Serve all heirs, beneficiaries, and potential creditors with notice of the probate hearing. Publish a notice to creditors in a local newspaper. This step ensures due process for anyone who might contest the will.
5. Attend the probate hearing. The court will hear testimony or affidavit evidence. The clerk or judge will determine whether the copy meets the statutory requirements and whether the will is valid.
6. Obtain letters testamentary. If the court admits the copy, it will appoint the executor named in the will and issue letters testamentary. These letters give the executor authority to collect assets, pay debts, and distribute property according to the will.

Key Steps to Probate a Lost or Missing Will in North Carolina

• Prepare and file a formal petition under G.S. 28A-3-3.
• Attach the best available copy of the will.
• Secure affidavits or live testimony from two disinterested witnesses or the attesting witness (G.S. 28A-3-4).
• Serve notice on heirs, beneficiaries, and publish notice to creditors.
• Present evidence at the probate hearing.
• Obtain letters testamentary to administer the estate.

Probating a lost or missing will involves more steps than admitting an original. The key is gathering reliable proof of execution and non-revocation. A well-prepared petition and strong witness evidence give you the best chance of having a copy admitted.

Need Help Admitting a Lost Will?

Pierce Law Group has years of experience guiding families through North Carolina probate. If you only have a copy of a missing will, we can help you prepare the petition, gather evidence, and represent you at the hearing. Contact Pierce Law Group today by emailing intake@piercelaw.com or calling (919) 341-7055. Let us help you honor your loved one’s final wishes.