Need a Probate Hearing Quickly? Here Is the North Carolina Roadmap
Why No Hearing May Be on the Calendar
In North Carolina, most routine estate matters are handled by paperwork alone. The Clerk of Superior Court has exclusive original jurisdiction over probate (not the regular trial judge). The Clerk schedules a hearing only when someone asks for one—usually because there is a dispute, a missed deadline, or a needed court order (for example, to approve an accounting, remove a personal representative, or sell real estate).
Step-by-Step: How to Get Your Probate Hearing Set
- Identify the issue that requires judicial action. Common examples include contesting a will, compelling an inventory, approving a sale of real property, or resolving a creditor claim.
- Draft a written request. Title it “Motion in the Cause” (if the estate file is already open) or “Petition” (if it starts a new matter). State the relief you seek, cite the statute that authorizes it, and allege the facts.
- File the motion or petition with the Estate Division clerk in the county where the estate is pending. Attach any supporting documents. Pay the $20 motion fee under N.C.G.S. § 7A-308(a)(1) unless your county waives it for estate filings.
- Request available hearing dates. Each county maintains its own probate calendar. The clerk (or an assistant clerk) will offer dates—sometimes on the spot, sometimes after checking the judge’s docket. Bring a proposed order or the AOC Notice of Hearing form to be stamped with the date you choose.
- Serve notice on all “interested persons.” Under N.C.G.S. § 28A-2-6, mail or hand-deliver the notice at least ten (10) days before the hearing. If someone lives out of state, use certified mail or another trackable service.
- File a Certificate of Service. This tells the clerk that notice requirements were met. Without it, the hearing will be continued.
- Prepare your exhibits and proposed order. The clerk often signs the proposed order on the hearing date if everything is in order.
- Attend the hearing. Hearings are typically informal: they occur in the clerk’s courtroom or even the clerk’s office. Bring three (3) copies of every document, arrive early, and dress professionally.
Helpful Hints for a Smooth Probate Hearing
- Clerks prefer organized files. Use tabs and exhibit stickers.
- If you need witnesses, subpoena them through the civil clerk using AOC-G-100.
- Some counties require electronic scheduling requests. Call the estate desk first.
- Bring two checks: one for any additional fees and another in case copies must be certified.
- Court dockets fill up fast near year-end. Plan at least 30 days ahead if possible.
Ready to Act?
Getting a probate hearing on the calendar is procedural, but mistakes can delay estate administration for months. Our North Carolina probate team guides families through every filing and courtroom appearance. For personalized help, call us today at (919) 341-7055. Let’s keep your estate moving forward.
