What to Do if Your Probate Attorney Hasn’t Acknowledged Your Release Document
Detailed Answer
When you submit a release document in a North Carolina probate matter, you expect your attorney to acknowledge and file it promptly. Under N.C. Gen. Stat. § 28A-25-1, a distributee who signs a release can speed up estate administration by confirming acceptance of the administrator’s account. If your attorney has not confirmed receipt or filed the release with the clerk of superior court, take these steps to protect your rights and keep your probate case on schedule.
1. Confirm Receipt
Call or email your attorney’s office. Ask if they received your release document. Note the date, time, and the name of the person you spoke with. If they confirm receipt, request an estimated filing date.
2. Follow Up in Writing
If you don’t get a response within one week, send a formal follow-up by certified mail or email. State that you need written confirmation of receipt and a timeline for filing the release with the court.
3. Verify with the Clerk of Superior Court
Contact the clerk of superior court where the estate is pending. Ask whether your release is in the court file. The clerk can provide a stamped copy showing the filing date or confirm that it’s missing.
4. Request a Status Update from Your Attorney
When delays persist, schedule a call or meeting. Ask your attorney for a clear explanation of any issues—such as missing information or court backlog—that may have stalled filing. A straightforward timeline helps you plan next steps.
5. Discuss a Motion to Compel Action
If your release still hasn’t been filed, ask your attorney about filing a motion to compel. This formal court request can push the matter forward. Your attorney will explain timing, court fees, and potential benefits.
By following these steps, you ensure the probate process stays on track. Clear communication and prompt follow-up protect your interests and help close the estate efficiently.
Key Steps Checklist
- Confirm receipt with your attorney by phone or email
- Send a written follow-up request if you don’t get a reply
- Check the court file with the clerk of superior court
- Request a status update and timeline from your attorney
- Consider a motion to compel if delays continue
Proper handling of your release document keeps your probate case moving and protects your rights as a distributee. If you face ongoing delays or need expert guidance, contact Pierce Law Group. Our attorneys know North Carolina probate procedures and can help you resolve filing issues quickly. Call us at (919) 341-7055 or email intake@piercelaw.com today.
