What should I do if I can’t find the original will during probate?
Detailed Answer
When you begin probate and cannot locate the decedent’s original will, act quickly to protect their estate plan. North Carolina law lets you probate a copy of a lost or destroyed will if you follow the rules set out in N.C.G.S. Section 31-13. You must prove that the will was validly executed and that the original is lost without any sign of revocation.
First, conduct a thorough search. Review the decedent’s files, check home offices, and visit safe deposit boxes. Reach out to the attorney who drafted the will and to family members. If you still cannot find the original, prepare to present a copy of the will and secure affidavits from witnesses.
Next, file a petition for probate of a lost will with the clerk of court. Under N.C.G.S. Section 31-13, include a sworn statement by someone who saw the decedent sign the will and verify that the decedent retained the original. Attach a certified copy of the will and any other evidence of due execution and loss.
The clerk will review your petition and may schedule a hearing. At the hearing, witnesses testify about how the will was executed and lost. If the clerk finds your proof sufficient, they will admit the copy to probate. This process enforces the decedent’s final wishes despite the missing original document.
Key Steps to Take
- Search the decedent’s home, office, and personal files
- Check safe deposit boxes and storage units
- Contact the drafting attorney and close family members
- Obtain a copy of the will and secure witness affidavits
- File a petition for probate of a lost will under N.C.G.S. Section 31-13
- Attend the probate hearing and present witness testimony
- Obtain the clerk’s order admitting the copy to probate
Contact Pierce Law Group
Losing the original will can complicate probate and delay the distribution of assets. Our attorneys guide you through each step and help you secure the court order you need. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation and protect the decedent’s wishes.
