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 requires that a will be in writing and signed by the testator in the presence of at least two competent witnesses who also sign the document. See N.C.G.S. § 31-1.1. A holographic will—one entirely in the testator’s handwriting without witness signatures—does not satisfy these rules and is not valid for probate in this State.
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 physician’s records. 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 Petition
If the original properly executed will is missing, North Carolina law allows the clerk of superior court to admit a copy to probate when you prove that:
- The will was duly executed under N.C.G.S. § 31-1.1.
- The original was last in the testator’s possession and cannot be found.
- The disappearance of the original was not due to the testator’s intent to revoke it.
See N.C.G.S. § 31-4.1 for the procedure on lost wills.
Recognize the Limitation on Holographic Wills
Because a pure holographic will never met the witness requirement, you may not admit it—original or copy—to probate. Instead, the estate will follow North Carolina’s intestate succession rules. You may petition the court to appoint an administrator and distribute assets according to N.C.G.S. § 29A-13-3.
Consult an Attorney for Next Steps
If you only have copies of a holographic will, you face two paths:
- Locate and present a valid, attested original will.
- Administer the estate as intestate under North Carolina law.
A probate attorney can review your options, guide you through filing a lost will petition if appropriate, or help you open an intestate estate.
2. Key Takeaways
- North Carolina rejects holographic wills; all wills must have two attesting witnesses (N.C.G.S. § 31-1.1).
- Search everywhere for the original will before proceeding.
- You may admit a copy of a properly executed will if you prove the original was lost without intent to revoke (N.C.G.S. § 31-4.1).
- If no valid will exists, the estate passes by intestacy under N.C.G.S. § 29A-13-3.
- 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.
