Short Answer

In North Carolina, if you miss a probate hearing before the Clerk of Superior Court, the clerk can hold the hearing without you and enter orders based on the evidence presented by those who appear. If you are the personal representative and the hearing concerns your duties (for example, a show‑cause about late filings), the clerk may issue orders compelling compliance, hold you in contempt, or remove your authority to serve. If an order is entered, you generally have a short window—often ten days after service—to appeal.

Understanding the Problem

You’re navigating a North Carolina probate matter and have a hearing before the Clerk of Superior Court. You’re asking, “What happens if I don’t attend, and can I get it continued?” One key fact: the hearing is next Tuesday, and you’re considering asking the court to reschedule.

Apply the Law

North Carolina probate hearings are formal proceedings before the Clerk of Superior Court. The clerk can proceed and decide issues even if a party does not appear, provided proper notice was given. Continuances are discretionary and typically require a timely request showing good cause. If the absent person is the personal representative and the matter involves missed duties (like inventories or accounts), the clerk may issue show‑cause orders, impose civil contempt, or revoke letters after a hearing. Orders of the clerk in estate proceedings can be appealed to Superior Court on a short timeline.

Key Requirements

• Notice and attendance: With proper notice, the clerk may hold the hearing and enter orders even if you do not appear.
• Continuance standard: Ask early and explain good cause; after a deadline passes, you must usually show excusable neglect.
• Personal representative risk: Missing compliance hearings can trigger show‑cause, civil contempt, or removal of your letters.
• Clerk’s authority: The clerk can compel filings, tax costs, and take steps to preserve the estate if duties aren’t met.
• Appeal window: If an order is entered, you generally have 10 days after service to file a notice of appeal to Superior Court.

What the Statutes Say

• N.C. Gen. Stat. § 28A-2-6 (Estate proceedings before the clerk) – Procedures, applicable civil rules, hearings, and notices.
• N.C. Gen. Stat. § 28A-9-1 (Revocation of letters after hearing) – Grounds and process to remove a personal representative.
• N.C. Gen. Stat. § 5A-21 (Civil contempt) – When civil contempt may be used to compel compliance.
• N.C. Gen. Stat. § 1-301.3 (Appeals from orders of the clerk) – Appeal process and timing.

Analysis

Apply the Rule to the Facts: Because your hearing is next Tuesday, request a continuance now and state specific reasons (for example, illness, needed documents, or a scheduling conflict). If you miss the hearing without a continuance, the clerk can proceed and rule without your input. If you’re the personal representative and the matter involves your filing obligations, nonappearance can lead to show‑cause, contempt, or removal. If an adverse order is entered, calendar the 10‑day appeal window.

Process & Timing

1. Who files: The party who needs more time. Where: Estates Division, Office of the Clerk of Superior Court in the county where the estate is pending. What: A written Motion to Continue/Request to Reschedule stating good cause and proposing new dates; serve all parties. When: As soon as possible before the hearing; if a deadline has already passed, be prepared to show excusable neglect.
2. The clerk reviews the request. Some counties decide on the papers; others set a brief calendar call. If granted, you will receive a new date and any interim directives (for example, deadlines to file missing documents). Timeframes vary by county.
3. If the motion is denied or the hearing is missed, the clerk may proceed and enter an order. If you disagree, file a notice of appeal to Superior Court within the statutory timeframe and follow any stay/bond requirements if you seek to pause the order.

Exceptions & Pitfalls

• Personal representatives face enhanced risk: at show‑cause or compliance hearings, missing court can lead to civil contempt or removal of letters.
• Costs can be taxed against a noncompliant personal representative and deducted from commissions.
• Service and military status: if a respondent hasn’t appeared, the court may require servicemember affidavits before entering judgment; improper service can complicate enforcement.
• Waiting too long: last‑minute continuance requests are often denied; after you miss a date or deadline, you must show excusable neglect.

Talk to a Probate Attorney

If you’re facing a probate hearing next week and need guidance on continuances or what a missed appearance means, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to discuss your situation.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.