How to probate a copy of a will under North Carolina Gen. Stat. § 28A-6-2 when the original is missing

Detailed Answer

In North Carolina, you can seek to probate a copy of a will when the original is lost or destroyed by following the procedure set out in N.C. Gen. Stat. § 28A-6-2. This statute allows the clerk of superior court to admit an attested copy of the will if you satisfy three key requirements:

1. Proof of Proper Execution: You must show that the original will was validly executed under the rules for wills in North Carolina. That means it was signed by the testator and witnessed by at least two qualified witnesses, as required by N.C. Gen. Stat. § 28A-2-1.
2. Evidence the Testator Did Not Revoke the Will: You must establish that the testator did not intentionally destroy or revoke the original document. North Carolina presumes that a missing will has been revoked by burning, tearing, or other act of destruction unless you present credible evidence to the contrary.
3. Submission of an Attested Copy: File the copy with the clerk and provide an affidavit from at least two disinterested witnesses. These witnesses must testify they saw the original will and confirm its terms. Their attestation convinces the court the copy truly reflects the will’s contents.

Once you file the required documents and affidavits, the clerk holds a hearing to evaluate the evidence. If the clerk finds every requirement met, the copy enters probate with the same effect as the original would have. This process ensures your loved one’s wishes are carried out despite the loss of the original document.

Key Steps to Probate a Copy of a Will

• Locate all available copies of the will, including drafts or photocopies.
• Collect attestations from at least two witnesses who saw the original will.
• Prepare an affidavit detailing the circumstances of the document’s loss.
• File a petition with the clerk of superior court in the county where probate will occur.
• Attend the hearing and present evidence establishing the will’s authenticity and valid execution.
• Await the clerk’s order admitting the copy to probate.

Conclusion and Call to Action

Probating a copy of a will under N.C. Gen. Stat. § 28A-6-2 requires careful preparation and clear evidence. At Pierce Law Group, our attorneys guide clients through every step of this process. Reach out today to protect your loved one’s final wishes and avoid delays in estate administration.

Contact us by email at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.