Probate Q&A Series

Detailed Answer

Discovering an original will after probate has begun can raise important questions about a decedent’s final wishes. North Carolina law provides a clear path to bring a later-found will into the estate record. Under G.S. 28A-6-1, any interested person or the personal representative can ask the clerk of superior court to admit a will found after letters have issued. The clerk may then admit the will and issue supplementary letters.

Follow these steps to admit a later-discovered original will:

  1. Verify the document’s authenticity. Confirm that the later-found will meets formal requirements: signed by the decedent and witnessed by two individuals, or admitted to probate under self-proving affidavit rules. Gather any drafts, correspondence, or witness statements that support its legitimacy.
  2. Identify interested parties. List heirs, beneficiaries, and the personal representative named in the original probate record. G.S. 28A-6-1 requires notice to all interested persons before the clerk can act.
  3. File a petition with the clerk of superior court. Submit a motion to admit the later-discovered will. Attach a copy of the will, an affidavit of authenticity if available, and a proposed order admitting the will and issuing supplementary letters testamentary or of administration.
  4. Serve notice. Provide written notice of the hearing to each interested party at least 10 days before the scheduled date. Follow the procedures in G.S. 28A-6-2 for service by mail or personal delivery. Document all proof of service.
  5. Attend the hearing. Present the original will and any supporting evidence. Answer questions about the document’s origin, signature, and witness testimony. If no objections arise, the clerk typically grants the petition.
  6. Obtain the order admitting the will. Once the court admits the later will, the clerk signs an order and issues supplementary letters. Those letters replace or supplement the original letters and empower the personal representative to administer the estate under the newly admitted will.
  7. Update estate administration. Deliver a certified copy of the order to all relevant parties, financial institutions, and title companies. Follow standard probate procedures to distribute assets in line with the later-discovered will.

Citing North Carolina statutes ensures you follow the correct legal framework. Read G.S. 28A-6-1 here: ncleg.gov/GS_28A-6-1, and review notice requirements in G.S. 28A-6-2: ncleg.gov/GS_28A-6-2.

Key Points to Understand

  • You can petition to admit a will discovered after probate has begun.
  • Notice to every interested party is mandatory.
  • The clerk of superior court handles the admission and issues supplementary letters.
  • Evidence of the will’s authenticity speeds approval.
  • Admitting a later will may revoke prior probate orders and reshape asset distribution.

If you’ve found an original will after probate opened, act promptly to protect the decedent’s wishes. Pierce Law Group has attorneys experienced in North Carolina probate administration ready to guide you. Contact us by email at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.