What Should I Do If I Cannot Locate a Will in North Carolina?
Detailed Answer
Losing track of a loved one’s will can create uncertainty during a difficult time. In North Carolina, you play an active role in locating the original document before probate begins. Follow these steps:
1. Search Common Storage Areas
Check places where important papers often reside, such as home safes, file cabinets, desk drawers and safe-deposit boxes. Remember that the testator may have left notes or letters indicating the will’s location.
2. Contact the Decedent’s Attorney
Under North Carolina law, many people ask their attorney to draft and hold their will. Call any law firm the decedent used. If the will remains with the attorney, they must deliver it for probate. See N.C. Gen. Stat. § 31-3 (ncleg.gov/gs_31-3).
3. Inquire at the Register of Deeds or Clerk of Superior Court
North Carolina does not record wills in the Register of Deeds before probate, but the Register maintains an index of wills filed for probate. Contact the office in the county where the decedent lived to see if any will has been recorded or registered for safekeeping under N.C. Gen. Stat. § 31-11 (ncleg.gov/gs_31-11).
4. Check with Financial Institutions
If the decedent used a safe-deposit box, banks may hold the original will. You may need a court order or consent of the executor to open the box. Banks follow specific statutes on access and inventory, so request their procedures in writing.
5. Review Digital Records
Search email accounts, cloud storage and computer files for scanned or digital will copies. Although only the original is valid for probate, a copy can help prove intent and guide your search.
6. Proceed If No Will Appears
If diligent searches yield no original will, you may have to open an intestate estate. North Carolina’s intestacy rules in Chapter 29 of the General Statutes govern distribution. Contentious claims may arise if multiple parties suggest different versions of a lost will. In that event, you can petition the court for relief. See N.C. Gen. Stat. § 31-9 (ncleg.gov/gs_31-9) for rules on admitting a copy of a lost will.
Key Takeaways
- Search home safes, files and the decedent’s personal papers.
- Contact the drafting attorney—lawyers often keep original wills.
- Inquire at the county Register of Deeds or Clerk of Superior Court.
- Ask banks about safe-deposit box contents and access procedures.
- Use digital records to find scanned copies for clues.
- If no will surfaces, open an intestate estate under Chapter 29.
- To admit a lost will’s copy, follow N.C. Gen. Stat. § 31-9 procedures.
Next Steps and Call to Action
Locating a will can be challenging. If your search comes up empty, you face strict time frames for probate and potential disputes among heirs. Pierce Law Group’s probate attorneys understand North Carolina’s rules for will discovery, safe-deposit box access and intestate succession. We guide you through every step of the process, protect your rights and help you avoid costly mistakes.
Contact us today to discuss your case. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.
