What are the steps to probate a lost will copy under North Carolina’s solemn form procedure?
Detailed Answer
When a testator’s original will is lost or destroyed, North Carolina law allows you to probate a duly executed copy through the solemn form procedure. Under G.S. 28A-2-10, a court may admit a lost or destroyed will copy if you prove three key elements:
- Due execution of the original will.
- Loss or destruction of the original will without bad faith.
- Accuracy of the copy in reflecting the original will’s contents.
Start by filing a petition in the clerk’s office of the county where the decedent lived at death. Your petition must include the copy of the will and a statement explaining how you came to possess it and why the original is unavailable. Attach affidavits or deposition transcripts from at least two attesting witnesses or other competent evidence to prove due execution in compliance with G.S. 28A-2-5.
Next, serve notice on all interested parties, including heirs, beneficiaries, and creditors. The clerk schedules a hearing before the clerk or a superior court judge. At the hearing, the petitioner or witnesses testify under oath about:
- How the original will met execution requirements.
- How the original will was lost or destroyed.
- The copy’s fidelity to the original.
If the court finds clear, cogent, and convincing evidence for each requirement, it issues an order admitting the copy as if it were the original will. Once admitted, you proceed with the standard probate administration under Article 6 of Chapter 28A, including inventory, creditor claims, and distribution of assets per the will’s terms.
Key Steps at a Glance
- File a petition for solemn form probate under G.S. 28A-2-10, attaching the will copy and loss statement.
- Provide proof of due execution via affidavits or testimony per G.S. 28A-2-5.
- Serve notice on all heirs, beneficiaries, and creditors.
- Attend the hearing and present witness testimony under oath about execution and loss.
- Offer the copy for comparison to the original’s content.
- Obtain the court’s order admitting the will copy as the original.
- Administer the estate under Article 6, Chapter 28A, including filing inventories, paying debts, and distributing assets.
Probating a lost will copy through the solemn form procedure ensures that a decedent’s final wishes take effect, even if the original document disappears. North Carolina statutes set a strict proof standard and formal hearing process to protect the integrity of probate.
At Pierce Law Group, our attorneys guide you through each step of North Carolina’s probate rules. If you need assistance with a lost will or any probate matter, contact us today. Email intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.
