What happens if the court says a probate file was scanned but it still does not show up in the portal? – North Carolina

Short Answer

In North Carolina, a confirmation that a legacy probate file was scanned does not always mean it will immediately appear in the public-facing portal. The file may still be in a processing queue, indexed under a slightly different name or file number, or restricted from remote viewing even though it exists in the clerk’s records. The practical next step is to confirm indexing details with the Clerk of Superior Court (Estates) and request access or copies directly from the clerk’s office while the portal catches up.

Understanding the Problem

In a North Carolina estate administration, a legal assistant may need to review a legacy estate file that the Clerk of Superior Court’s office says was scanned. The single issue is what happens when the clerk confirms scanning, but the estate file still does not appear in the online portal used to view estate records. The key decision point is whether the problem is (1) timing and indexing, (2) a search-criteria mismatch (estate name, file number, county), or (3) a portal access limitation that requires obtaining the record through the clerk’s office instead of remotely.

Apply the Law

North Carolina clerks of superior court must maintain and index estate records and, unless a law restricts access, those records are generally open for public inspection during regular office hours. Remote portal access is a convenience, not the legal definition of whether a record exists or is available. In practice, older “legacy” estate files may be scanned but still need correct indexing before they become searchable, and some items may be viewable only at the clerk’s office or by request.

Key Requirements

The record exists in the clerk’s custody: The Clerk of Superior Court is the custodian of estate files, and the official record is what the clerk maintains—not what the portal happens to display on a given day.
The record is properly indexed: Estate records must be indexed in a way that allows retrieval; if the estate name, file number, or party information is entered differently, the portal search may not find it even though it was scanned.
Access method matches the record type: Even when a record is open to inspection, remote portal access can lag or be limited; requesting copies or inspecting the file through the Estates division may be the fastest route.

What the Statutes Say

N.C. Gen. Stat. § 7A-109 (Record-keeping procedures) – Requires clerks to maintain and index records (including estates) and generally makes them open to public inspection during office hours, while allowing for remote access arrangements.

Analysis

Apply the Rule to the Facts: Here, the clerk’s office confirmed the legacy estate file was scanned, which strongly suggests the record exists in the clerk’s custody. If the file still does not appear in the portal, the most common causes are indexing delays, indexing under a different estate name or file number, or portal limitations that do not affect in-office access. The practical impact is that the firm may need to verify the exact estate caption and file number with Estates staff and request copies directly while the portal display issue is corrected.

Process & Timing

Who follows up: The requesting party (often the attorney or legal assistant). Where: The Clerk of Superior Court (Estates) in the county where the estate is filed. What: Ask the clerk to confirm the estate file number, the exact indexed estate name/caption, and whether the scanned images are attached to the correct estate record in the clerk’s system. When: As soon as the missing portal record is discovered, especially if a filing or hearing deadline is approaching.
Request an alternative delivery method: If the portal still does not show the file, request regular or certified copies from the clerk’s office, or schedule an in-person inspection if appropriate. If the clerk indicates the scan is complete but “pending indexing,” ask for an estimated timeframe and whether a manual re-index or re-link is needed.
Document the issue for the case file: Keep the clerk’s confirmation (date, person spoken to if available, and what was confirmed) and save screenshots showing the portal search results. This helps avoid duplicated requests and supports any later motion or filing that depends on proving what was available when.

Exceptions & Pitfalls

Searching the wrong county or wrong case type: North Carolina estates are county-based; a portal search in the wrong county (or under the wrong record category) can look like “nothing exists.”
Name and indexing variations: Legacy files may be indexed under a shortened name, a different punctuation format, or a prior surname; the portal may not return results unless the exact indexed format is used.
Assuming portal visibility equals public availability: A record can be open for inspection at the clerk’s office even if remote viewing is delayed. Treat the portal as a tool, not the official gatekeeper of access.

Related reading can help with practical next steps, including look up an estate or court file online and obtain probate documents if the portal upload is delayed.

Conclusion

In North Carolina, a clerk’s confirmation that a legacy probate file was scanned does not guarantee it will immediately appear in the online portal. The official record is what the Clerk of Superior Court maintains and indexes, and portal visibility can lag due to indexing or processing issues. The next step is to contact the Clerk of Superior Court (Estates) to confirm the exact estate file number and indexed name and request copies directly from the clerk’s office while the portal issue is resolved.

Talk to a Probate Attorney

If a legacy estate file was scanned but still does not appear in the portal, our firm has experienced attorneys who can help identify the correct estate record, coordinate with the Clerk of Superior Court (Estates), and keep the administration on track. Call us today at [919-341-7055].

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.