Probate Q&A Series

How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in North Carolina

Detailed Answer

Why the Original Matters

The Clerk of Superior Court will not open a formal estate until the original will (or an approved substitute) is filed. North Carolina law requires anyone who holds the will to deliver it to the clerk within 60 days after learning of the testator’s death. See N.C. Gen. Stat. § 28A-2A-1.

Step 1 – Locate the Will

  • Personal papers. Search the decedent’s home office, safe, or fire-box.
  • Safe-deposit box. A spouse, adult child, or named executor may ask the bank to open the box in the presence of a bank employee to look specifically for the will. The bank must allow this limited inspection under § 28A-15-13.
  • Attorney’s office. Many attorneys keep originals in secure storage. Call the law firm that drafted the document and request release to the named executor.
  • Clerk’s “secret will” file. North Carolina allows a person to lodge a sealed will with the clerk before death. If the decedent used this option, the clerk will unseal the file and provide a certified copy.

Step 2 – Obtain the Document You Will File

  • Original located. Keep the staple holes intact—do not remove pages or add tabs. Any alteration may invite a challenge.
  • Original lost, but copy found. North Carolina lets you probate a “lost or destroyed” will by petitioning under § 28A-2A-15. You must supply: (1) a correct copy or written outline of the will, and (2) at least two witnesses who can testify to its authenticity.
  • Certified copy already on file. If the will was pre-filed with the clerk, ask for a certified copy and proceed to Step 3.

Step 3 – Deliver the Will to the Clerk

  1. Visit the Estates Division in the county where the decedent lived.
  2. Bring the following:
    • Original will (or certified copy / lost-will petition).
    • Certified death certificate.
    • Completed Application for Probate and Letters Testamentary (AOC-E-202) and Oath/Affirmation (AOC-E-400).
    • Filing fee (currently $120 for estates opened with a will).
  3. Sign the oath before the clerk and pay the fee. The clerk will then:
    • Examine the will’s formalities (signature, witnesses, notary).
    • Admit the will to probate and record it.
    • Issue Letters Testamentary so the executor can begin estate work.

Special Situations

  • Handwritten (holographic) will. Three witnesses must testify to the testator’s handwriting under § 31-3.4.
  • Out-of-state will. Provide a certified, court-sealed copy from the state where it was first probated. North Carolina will accept it under § 28A-26-2.
  • Multiple originals. File just one. Destroying duplicates avoids confusion.

Helpful Hints

  • Make an appointment with the clerk when possible—wait times vary by county.
  • Do not remove staples or add sticky notes to an original will.
  • Photocopy the will before filing; once recorded, the clerk keeps the original.
  • Track the 60-day deadline to avoid civil liability for withholding a will.
  • When using a lost-will petition, gather witness affidavits early; schedules fill quickly.
  • If heirs disagree about the will’s authenticity, prepare for a formal probate hearing.

Need guidance? Probate paperwork can feel overwhelming, but you do not have to handle it alone. Our North Carolina probate attorneys have helped many families navigate will discovery and filing. Call us today at (919) 341-7055 to schedule a consultation.