Probate Q&A Series

What steps are required to probate a lost will copy under North Carolina’s solemn form procedure?

Detailed Answer

Under North Carolina law, you may admit a copy of a lost or destroyed will using the solemn form procedure. This process ensures the will’s validity despite the original document’s absence. You must satisfy specific requirements under Chapter 31 of the North Carolina General Statutes.

1. Petition for Probate of Lost Will

File a petition with the clerk of superior court in the county where the decedent lived at death. Your petition must:

  • State that the original will was validly executed.
  • Explain why the original is lost or destroyed.
  • Identify the names and addresses of persons entitled to notice.

You rely on the procedures set out in N.C. Gen. Stat. § 31-11.3. View § 31-11.3.

2. Notice to Interested Parties

After filing, you must notify interested parties. North Carolina law requires:

  • Service of notice on all beneficiaries and heirs whose identities you know.
  • Publication of notice in a local newspaper once a week for three successive weeks.

This step gives beneficiaries an opportunity to contest the admission of the lost will copy.

3. Proof of Due Execution

Under N.C. Gen. Stat. § 31-11.4, you must prove the will was properly signed and witnessed. To do this, present at least two competent disinterested witnesses who can swear:

  • They saw the decedent sign the will.
  • The decedent signed in their presence.
  • They understood they were witnessing a will.

Learn more at § 31-11.4.

4. Hearing and Order of Admission

The clerk schedules a hearing after the notice period ends. At the hearing, the court will:

  • Review your petition and proof of due execution.
  • Allow objections or contests by interested parties.
  • Issue an order admitting the copy if all requirements are met.

Checklist: Key Steps to Probate a Lost Will Copy

  • File a detailed petition under N.C. Gen. Stat. § 31-11.3.
  • Serve notice to known beneficiaries and publish in a newspaper.
  • Obtain sworn testimony from two disinterested witnesses (§ 31-11.4).
  • Attend the hearing and respond to any objections.
  • Secure the clerk’s order admitting the copy as the decedent’s will.

Conclusion & Call to Action

Probating a lost will copy through the solemn form procedure can feel overwhelming. Our attorneys at Pierce Law Group guide you through each step, from preparing the petition to attending the hearing. Contact us today for clear, experienced support.

Email us at intake@piercelaw.com or call (919) 341-7055 to discuss your probate needs.