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 a lost will to probate in common form if you satisfy the statutory requirements.

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 competent witnesses, as required by N.C. Gen. Stat. § 31-3.3.
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 North Carolina presumes that a missing will last in the testator’s possession has been revoked unless you present sufficient evidence to the contrary.
Submission of an Attested Copy: File the copy with the clerk and provide the evidence required by statute to establish the contents of the will and that it is not revoked. An attested copy may be used, but the statute does not require affidavits from at least two disinterested witnesses who saw the original will in every case.

Once you file the required materials, the clerk evaluates the evidence. If the clerk finds the statutory requirements met, the lost will may be admitted to probate in common form. 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 available evidence about the original will’s execution, contents, and nonrevocation.
Prepare evidence detailing the circumstances of the document’s loss.
File the appropriate application or proceeding with the clerk of superior court in the county where probate will occur.
Present evidence establishing the will’s authenticity, contents, valid execution, and nonrevocation.
Await the clerk’s order admitting the will 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.