Detailed Answer
In North Carolina, you must file probate administration in the proper county to grant a personal representative authority over the decedent’s estate. North Carolina law provides clear rules on where to open an estate, whether the decedent left a will (testate estate) or did not leave a will (intestate estate).
Testate Estates (Probate of a Will)
If the decedent left a valid will, you probate the document under N.C. Gen. Stat. § 28A-10-3. You have three main options:
- County of Domicile: If the decedent was domiciled (had a permanent home) in North Carolina at death, file in the clerk’s office of the Superior Court Division in that county.
- County of Execution: If the decedent died in one county but lived in another, you may probate the will in the county where the will was executed.
- Nonresident with North Carolina Real Property: If the decedent was not a North Carolina resident but owned land here, file in the county where the property lies. If the decedent was a nonresident and owned no North Carolina real property, you may file in any county.
Intestate Estates (No Will)
When the decedent left no will, venue rules appear in N.C. Gen. Stat. § 28A-6-2. You choose where to open the estate based on these priorities:
- County of Residence: If the decedent was a North Carolina resident, file in the clerk’s office of the Superior Court Division in the county where the decedent lived.
- County of Real Property: If the decedent was not a resident but owned land in North Carolina, file in the county where that land sits.
- Any County: If the decedent had neither residence nor real property in North Carolina, you may open the estate in any county.
Key Factors to Consider When Choosing Probate Venue
- Decedent’s Domicile: Confirm where the decedent lived at death. This fact controls venue for testate and intestate estates.
- Location of Real Property: Identify all North Carolina land owned by the decedent. Real property dictates venue for nonresident decedents.
- Clerk’s Office Accessibility: Choose a county where family members or representatives can attend hearings and file documents efficiently.
- Types of Assets: Consider personal property administration if no real estate exists. Some estates with only personal property may allow filing in any county.
- Court Requirements: Check local rules. Some clerk’s offices require additional forms or fees for out-of-county residents.
Call to Action
Choosing the correct county for probate administration prevents delays and extra costs. Pierce Law Group has experienced attorneys who guide you through venue decisions under North Carolina law. Email us at intake@piercelaw.com or call (919) 341-7055 to discuss your probate filing today.
