Short Answer

North Carolina law sets no single, statewide deadline to request a continuance of an estate hearing before the Clerk of Superior Court. File your motion as soon as you know you need a new date and serve all parties. If you ask before the hearing, the clerk may continue it for cause. If you miss the hearing, you may need to show excusable neglect to obtain relief.

Understanding the Problem

In North Carolina probate, can you ask the Clerk of Superior Court to continue (reschedule) an estate hearing that is set for next Tuesday, and if so, by when must you file the request? You are the party seeking a new date. The key is when you make the request relative to the scheduled hearing.

Apply the Law

Estate hearings are formal proceedings before the Clerk of Superior Court. There is no universal filing deadline for continuance requests; the clerk has discretion to control the calendar. North Carolina procedure allows the clerk to enlarge time for acts required in estate proceedings. Before the deadline or hearing time, a party may seek more time for cause. After a deadline or hearing is missed, relief requires excusable neglect. Service of your motion on all parties follows the standard civil rule for serving later-filed papers.

Key Requirements

• Ask early: File your motion to continue as soon as the need arises and before the scheduled hearing time.
• Show cause: Before the hearing, continuances turn on cause (e.g., scheduling conflicts, needed discovery, counsel availability, settlement talks).
• Excusable neglect if late: If you missed the hearing or a time limit tied to it, you must show excusable neglect to obtain relief.
• Serve all parties: Serve your motion on all other parties using the civil service-of-papers rule (mail, hand delivery, or approved electronic methods).
• Clerk’s discretion and local practice: The Assistant Clerk/Clerk decides continuances; timing and format can vary by county, so earlier is better and consent helps.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2-6(d) (Estate proceedings; extensions of time) – Clerk may enlarge time for cause; after expiration, excusable neglect is required; parties may stipulate to limited extensions.
• North Carolina Gen. Stat. § 7A-103 (Powers of clerk) – Clerk controls proceedings and may manage scheduling in probate matters.
• North Carolina Gen. Stat. § 7A-241 (Ex officio judge of probate) – Clerk acts as the judicial officer for probate matters.
• North Carolina R. Civ. P. 5 (Service of papers) – Governs service of motions and other papers after the initial summons; applies in estate proceedings.

Analysis

Apply the Rule to the Facts: With the hearing next Tuesday, file your motion now and explain the reason you need a new date. Because you are asking before the hearing, the clerk can continue it for cause; attach any supporting details and note whether the other parties consent. If you wait until after Tuesday or fail to appear, you may need to show excusable neglect to set aside any order entered.

Process & Timing

1. Who files: The party seeking a new date. Where: Clerk of Superior Court (Estates Division) in the county where the estate is pending. What: A written Motion to Continue/Reschedule with a proposed order; include the case caption, hearing date, specific reasons, any consents, and a certificate of service. When: File as soon as possible and before the scheduled hearing time; last‑minute requests typically require stronger cause and immediate notice to all parties.
2. Serve all parties under Rule 5 (mail, hand delivery, or approved electronic service) the same day you file. Contact the estates clerk’s office to confirm whether the motion will be ruled on in chambers or set for a short calendar hearing; practices can vary by county.
3. If granted, the clerk issues a written order continuing the hearing and either sets a new date or directs parties to coordinate a new date with the clerk’s calendar office; you or the clerk will send updated notice of hearing to all parties.

Exceptions & Pitfalls

• Do not assume that a private agreement moves the hearing—obtain a clerk’s order continuing the date.
• Failing to serve all parties can derail or delay your request; use a proper certificate of service.
• Waiting until the eve of the hearing increases the burden to show cause and risks the clerk proceeding without you.
• Local practices vary; some clerks accept email or e-filing for motions and service, others do not—confirm with the county clerk.

Talk to a Probate Attorney

If you need to reschedule an upcoming estate hearing, our firm can help you assess timing, prepare the motion, and coordinate with the clerk’s office. Call us today.

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.