Short Answer

In North Carolina, you open probate by filing an Application for Probate and Letters with the Clerk of Superior Court in the county where your parent lived, along with the original will if available. If you only have photos and cannot locate the original, you may ask the clerk to proceed under North Carolina’s “lost will” rules, which require strong proof of the will’s execution and contents. After the will is admitted, you qualify as personal representative, receive Letters, publish notice to creditors, and file a 90‑day inventory.

Understanding the Problem

In North Carolina, can a child start probate and move administration forward when the estate is not yet opened and only photographed pages of the will are available? Here, the key is whether you can obtain the original will or, if not, meet the requirements to probate a lost will through the Clerk of Superior Court.

Apply the Law

North Carolina’s Clerk of Superior Court supervises probate. A will is usually admitted in common form (an ex parte proceeding) based on the document and supporting proof. If the original will is missing, you may seek probate of a lost or destroyed will, which requires clear, strong, and convincing evidence of due execution, the will’s contents, death, diligent search, and that the loss was not due to the testator revoking it. If the named executor has not applied within 60 days of death, a devisee or other interested person may apply after giving 10 days’ notice.

Key Requirements

• Standing to file: The named executor may apply any time; after 60 days, a devisee or other interested person may apply with 10 days’ notice to the named executor.
• Original will or lost‑will proof: File the original will if available; otherwise be prepared to prove a lost will’s execution and contents and explain the missing original.
• Proof of execution: A self‑proved will can be admitted without witness testimony; otherwise, witness affidavits or handwriting proof may be required.
• Qualification: Take an oath, address any bond requirements, and obtain Letters Testamentary or Letters of Administration with Will Annexed.
• Notices: The clerk mails notice to beneficiaries when the will is probated; you must publish notice to creditors and file an affidavit of publication.
• Inventory and administration: File a 90‑day inventory, safeguard assets, pay valid claims, and later file accounts to close the estate.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2A-1 (Executor may offer will) – A named executor may offer the will for probate after death.
• North Carolina Gen. Stat. § 28A-2A-2 (Others may apply after 60 days) – A devisee or interested person may apply after 60 days with 10 days’ notice to the executor.
• North Carolina Gen. Stat. § 28A-2A-8 (Proof of attested will) – Governs witness testimony or substitute proof; self‑proved wills can be admitted without further evidence.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – Requires publication of notice; creditors have a set period from first publication to present claims.

Analysis

Apply the Rule to the Facts: As the child of the decedent, you are an “interested person.” If the named executor has not applied within 60 days, you can proceed after giving 10 days’ notice. Because you only have photographs of the will, first try to obtain the original from the former attorney or other custodian; if it cannot be found, be prepared to pursue lost‑will probate by gathering witness information and any drafts or copies to prove execution and contents and to address the missing original. Once admitted, qualify, obtain Letters, publish notice to creditors, and file your 90‑day inventory.

Process & Timing

1. Who files: Named executor; or after 60 days, a devisee/child or other interested person with 10 days’ notice to the executor. Where: Clerk of Superior Court in the county of the decedent’s domicile in North Carolina. What: AOC‑E‑201 (Application for Probate and Letters); original will or proof for a lost will; death information; proposed oath and, if needed, bond forms. When: Executor may file any time after death; others may file after the 60‑day preference window with required notice.
2. Clerk reviews the will. If self‑proved, it is typically admitted without witness testimony; if not, the clerk may require subscribing witness affidavits (AOC‑E‑300) or other proof. For a missing original, expect a formal lost‑will showing.
3. Upon admission, you take the oath (AOC‑E‑400), satisfy any bond, receive Letters (AOC‑E‑403), publish notice to creditors promptly, file an affidavit of publication (AOC‑E‑307), and submit the 90‑day inventory. Administration then continues through claims resolution, accounting, and closing.

Exceptions & Pitfalls

• Missing original will: Photos or copies alone are not enough; a lost‑will proceeding requires strong proof of execution, contents, diligent search, and that the original was not revoked by the testator.
• Self‑proved vs. non‑self‑proved: Self‑proved wills avoid live witness testimony; non‑self‑proved wills often need witness affidavits or handwriting proof.
• Bond and residency: A will may waive bond for a resident executor. Some clerks still require bond for nonresidents unless other safeguards exist.
• Small estate options: If the estate holds only personal property not exceeding statutory limits, collection by affidavit or summary administration may be available; procedures and thresholds vary by circumstance.
• Title and notices: To protect transactions and creditors’ rights, publish timely notice to creditors; record certified probate documents in any county where real property lies if needed.
• Contests: If validity is disputed, consider probate in solemn form to set notice and resolve challenges in one proceeding.

Talk to a Probate Attorney

If you’re dealing with an unopened estate and a missing original will, our firm has experienced attorneys who can help you understand your options and timelines. 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.