Short Answer

In North Carolina, the Clerk of Superior Court may continue (reschedule) a probate or estate hearing for good cause. Common acceptable reasons include lack of proper service or notice, a documented medical emergency or illness of a party, counsel, or key witness, a conflicting trial or unavoidable scheduling conflict, the need to comply with servicemember protections, or time needed for mediation or to complete essential discovery. The request should be prompt, specific, and served on all parties.

Understanding the Problem

You want to know if, in North Carolina probate, you can ask the Clerk of Superior Court to continue a hearing that is set for next Tuesday. You are involved in an estate matter and want to understand what reasons the court will accept and how to make the request.

Apply the Law

In North Carolina, estate proceedings are heard by the Clerk of Superior Court. The clerk controls scheduling and can continue a hearing for good cause. Before a hearing proceeds, respondents must be properly served, and the court must address protections for any non-appearing servicemember. The clerk can extend time “for cause” before a deadline runs, and for “excusable neglect” if a deadline has passed. Parties may also stipulate to short extensions. Counties may have local practices, so prompt, written, and well-documented requests help.

Key Requirements

• Good cause reason: A concrete, legitimate reason such as incomplete Rule 4 service/notice, medical emergency or illness, counsel in another trial, key witness unavailability despite diligence, or ongoing mediation/settlement.
• Timely written motion: File as soon as the need arises and before the hearing; explain the facts and attach support (e.g., doctor’s note, trial calendar, subpoena status).
• Serve all parties: Provide notice of your motion to all parties and counsel; obtain their consent if possible.
• Compliance checks: Ensure required filings are in order (e.g., servicemember status declaration for non-appearing parties) so the clerk can proceed when rescheduled.
• No undue prejudice: Show that a short continuance will not unfairly harm other parties and that you have acted diligently.

What the Statutes Say

• N.C. Gen. Stat. § 28A-2-6 (Estate proceedings; procedure) – Clerk controls procedure; 20-day answer; extensions for cause or excusable neglect; stipulations to extend time.
• N.C. R. Civ. P. Rule 4 (Service of process) – Proper service on respondents is required before proceeding with a noticed hearing.
• N.C. Gen. Stat. § 127B-26 (NC Servicemembers Civil Relief Act) – Courts must address servicemember status of non-appearing parties before entering judgment.
• N.C. Gen. Stat. § 7A-38.3B (Mediation in matters before the clerk) – Clerk may order mediation; hearings may be rescheduled to facilitate resolution.

Analysis

Apply the Rule to the Facts: With a hearing next Tuesday, ask for a continuance now. Good-cause examples include incomplete service on any respondent, a medical issue affecting you, counsel, or a key witness, or a counsel conflict with another court proceeding. If a respondent has not appeared and you lack a servicemember status declaration, the clerk cannot enter judgment; a continuance to file it is often appropriate. Mere inconvenience is weak; provide specifics and supporting documents.

Process & Timing

1. Who files: The party seeking the continuance. Where: Clerk of Superior Court in the county where the estate case is pending. What: A written Motion to Continue stating the reason, proposed new dates, and attaching support (e.g., trial calendar, medical note, status of subpoenas). If a non-appearing party may be a servicemember, include or promptly file the AOC-G-250 Servicemembers Civil Relief Act Declaration. When: File as soon as the need is known and before the hearing.
2. Serve the motion on all parties (typically under Rule 5) and request their consent. The clerk may decide on the papers or set a short motion hearing; local timing can vary by county, so earlier requests are more likely to be accommodated.
3. If granted, the clerk issues an order continuing the hearing and sets a new date or directs you to re-notice the hearing. If denied, the hearing proceeds as scheduled.

Exceptions & Pitfalls

• Last-minute, unsupported requests or continuances sought for mere convenience are often denied.
• Failing to serve your motion on all parties can delay or derail the request.
• Incomplete Rule 4 service on respondents can force a continuance and also prevent relief; verify service early.
• Servicemember protections apply to non-appearing parties; without the required declaration, the clerk cannot enter judgment.
• Repeated continuances without progress risk denial; use the extra time to complete service, subpoenas, mediation, or required filings.
• Transfer timing trap: waiting past the statutory transfer window or until after a hearing stage can waive transfer; act promptly.

Talk to a Probate Attorney

If you’re facing a probate hearing next week and may need a continuance, our firm can help you assess your reasons, prepare the motion, and meet local requirements. Call us today at .

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.