Jan202026
Probate Q&A Series

What should I do if I can’t access the remote hearing on the day of the proceeding? – North Carolina

Short Answer

In North Carolina probate and estate special proceedings, if a remote hearing link will not work (or was never received), the safest move is to immediately contact the office that scheduled the hearing (often the Clerk of Superior Court) and the attorney of record so the court can decide whether to let a late participant join, switch to phone access, or reset the hearing. If the problem is simply that the hearing link was sent to the wrong email address, provide a working email right away and ask for the link to be re-sent and the hearing time confirmed. If access cannot be fixed quickly, a request to continue (reschedule) may be needed.

Understanding the Problem

In a North Carolina estate special proceeding, an interested party may need to appear for a hearing that is being held by remote video. The key question is what steps to take on the day of the proceeding when the remote hearing cannot be accessed, such as when the hearing link was not received, the link does not open, or the connection fails right before the scheduled start time. The decision point is whether the access problem can be fixed quickly enough to participate as scheduled, or whether the court needs to be notified immediately so the hearing can be handled in a fair way.

Apply the Law

North Carolina law allows courts to conduct many types of proceedings by audio and video transmission, as long as the process remains fair and the court safeguards the integrity of the proceeding. In probate and estate matters, hearings are often scheduled and managed through the Clerk of Superior Court (or a judicial official assigned to the matter), and the practical focus is making sure the court has a reliable way to reach participants and confirm how they will appear.

Key Requirements

  • Prompt notice to the court: If remote access fails on the hearing date, the court needs to know immediately so it can decide whether to pause, provide alternate access, or reschedule.
  • Reliable contact information: The scheduling office and counsel need a working email address and phone number to send the link, confirm the hearing time, and troubleshoot quickly.
  • Ability to participate meaningfully: Remote proceedings must still allow participants to see/hear what is happening (and, if represented, allow confidential attorney communication) so the hearing remains fair.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, an interested party needs access to a remote hearing in a North Carolina estate special proceeding, but the law firm did not have the caller’s email address on file and needed it to send the hearing link and confirm the hearing time. That situation usually points to a fixable access problem: providing a working email address immediately and requesting the link be re-sent. If the hearing is about to start (or has started), the scheduling office should be contacted right away so the court can decide how to handle the appearance and avoid proceeding without a party who is trying to attend.

Process & Timing

  1. Who acts: The interested party (and, if represented, the attorney). Where: The office that scheduled the hearing (often the Clerk of Superior Court in the county where the estate file is pending) and the attorney of record. What: Provide a correct email address, request the remote link be re-sent, and confirm the hearing time and platform details. When: Immediately upon discovering the access problem, and no later than the scheduled start time.
  2. Troubleshoot fast: Check spam/junk folders, search for the platform invitation, try joining from a different device/browser, and confirm the email address on file matches the address being checked. If the link opens but audio/video fails, ask whether a dial-in option exists or whether the court will allow appearance by phone.
  3. If access still fails: Ask the scheduling office what the court requires to request a short delay or a continuance (rescheduling). If a written motion is required in that county, ask what format is accepted and how it should be filed and served on other parties.

Exceptions & Pitfalls

  • Proceeding without a participant: If the court is not notified, the hearing may go forward without the missing participant, which can affect what the clerk or judge hears and considers that day.
  • Wrong email address or blocked messages: A simple typo, an outdated email, or a work email that blocks meeting invitations can prevent receiving the link. Using a reliable personal email (and confirming spelling) often avoids repeat problems.
  • Last-minute requests: Waiting until after the hearing start time to report the issue can limit the court’s options. Even if the problem is not the participant’s fault, the court may have other matters scheduled.
  • Confidentiality and location issues: If represented by counsel, joining from a public place or on speakerphone can create confidentiality problems. Remote participation should allow private attorney communication when needed.

For a related scenario—when the link was never received at all—see join the remote hearing for the estate special proceeding if the link was not received.

Conclusion

In North Carolina, courts can hold probate and estate special proceeding hearings by two-way video, but the process still has to be fair and workable. When remote access fails on the hearing date, the practical priority is immediate notice to the scheduling office and counsel, plus providing a correct email address so the link can be re-sent and the hearing time confirmed. The next step is to contact the Clerk of Superior Court’s office handling the file as soon as the problem appears, ideally before the scheduled start time.

Talk to a Probate Attorney

If a remote estate hearing is scheduled and access problems threaten participation, a probate attorney can help communicate with the Clerk of Superior Court, confirm the correct hearing details, and take steps to protect the record if a delay or continuance is needed. 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.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.