What steps should I take if I only have copies of a holographic will instead of the original required for probate?

What steps should I take if I only have copies of a holographic will instead of the original required for probate?

What steps should I take if I only have copies of a holographic will instead of the original required for probate? 1. Detailed Answer Understand North Carolina’s Will Requirements North Carolina law recognizes holographic wills if the statutory requirements are met. A holographic will must be entirely written in the testator’s handwriting and subscribed by the testator, and it may be admitted to probate upon the testimony of at least three competent witnesses who state that the handwriting is that of the testator. See N.C.G.S. § 31-3.4. Search for the Original Document Before proceeding, conduct a thorough search for the original will. Check the deceased’s home, safe‐deposit boxes, attorney file, or other places where important papers were kept. Ask close family members or friends if they ever handled or saw the original will. If you locate the original, ensure it is in your possession before filing for probate. Determine If You Can File a Lost Will Proceeding If the original will is missing, North Carolina law permits probate of a lost will upon proof of its execution and contents. See N.C.G.S. § 31-3.5. Whether a copy can be admitted depends on the evidence available to establish the will’s validity and contents and to address any presumption of revocation that may arise when an original cannot be found. Recognize the Limitation on Copies of Holographic Wills If you only have copies of a holographic will, the key issue is not that North Carolina rejects holographic wills; it does not. The issue is whether you can prove the validity and contents of the missing original sufficiently for probate of a lost will. If no valid will can be established, the estate will pass under North Carolina’s intestate succession laws. Consult an Attorney for Next Steps If you only have copies of a holographic will, you should: Continue searching for the original. Gather evidence showing the document was entirely in the decedent’s handwriting and signed by the decedent. Determine whether a lost will proceeding is supported by the available evidence. If no valid will can be established, administer the estate under North Carolina intestacy law. A probate attorney can review the document and available evidence, guide you through any lost will proceeding, or help you open an intestate estate. 2. Key Takeaways North Carolina does recognize holographic wills if they satisfy N.C.G.S. § 31-3.4. Search thoroughly for the original will before proceeding. A missing original may require a lost will proceeding under N.C.G.S. § 31-3.5, with proof of execution and contents. If no valid will can be established, the estate passes by intestacy under North Carolina law. Consult a probate attorney to protect estate assets and ensure proper administration. Contact Pierce Law Group Facing a missing will can create confusion and delay. Pierce Law Group’s attorneys have extensive experience guiding families through probate challenges. Contact us today to discuss your case and safeguard your loved one’s estate. Email us at intake@piercelaw.com or call (919) 341-7055 .