Short Answer

In North Carolina, you can ask the Clerk of Superior Court to order whoever holds the will to produce it. You file an application by affidavit showing a will exists and that a person in North Carolina has it. The clerk issues a summons directing that person to bring in the original will (or swear where it is). If they don’t comply, the clerk can start civil contempt proceedings. After 60 days from death, an interested person can also initiate probate on notice.

Understanding the Problem

You want to make a North Carolina relative file your grandparent’s complete will with the court so you can see it and know who the executor is. Here, you have only an incomplete copy and don’t know whether the will has been filed or who is in charge.

Apply the Law

North Carolina lets the Clerk of Superior Court compel production of a decedent’s will. An interested person files an affidavit stating that a last will exists and that someone in North Carolina has it. The clerk then issues a summons ordering that person to present the will for probate or swear to its whereabouts or disposition. Service follows civil summons rules. If the person disobeys, the clerk may initiate civil contempt. Separately, if no executor applies to probate the will within 60 days of death, a devisee or other interested person may apply after giving 10 days’ notice to any named executor.

Key Requirements

• Affidavit showing existence and possession: Sworn facts that a last will exists and a person in North Carolina has it.
• Clerk-issued summons to produce: The clerk orders the holder to bring the will for probate or swear where it is or how it was disposed of.
• Proper service: Serve the summons and affidavit consistent with Rule 4 service so the order is enforceable.
• Enforcement by civil contempt: If the holder doesn’t comply, the clerk may issue an order to show cause; willful noncompliance can lead to civil contempt until the person complies.
• 60-day probate fallback: If the named executor hasn’t applied within 60 days after death, a devisee or other interested person may apply for probate on 10 days’ notice to the executor.

What the Statutes Say

• N.C. Gen. Stat. § 28A-2A-4 (Order to produce will) – Clerk may summon a person to produce a will or swear to its whereabouts/disposition.
• N.C. Gen. Stat. § 28A-2A-2 (Who may apply for probate after 60 days) – If the executor doesn’t apply within 60 days, a devisee or other interested person may apply after 10 days’ notice.
• N.C. Gen. Stat. § 5A-23 (Civil contempt procedures) – Show-cause process before a civil contempt finding for disobeying a court order.

Analysis

Apply the Rule to the Facts: Because you have an incomplete copy and suspect a relative holds the original or missing pages, you can file an affidavit with the Clerk of Superior Court stating a will exists and that this relative, in North Carolina, has it. The clerk can then summon the relative to produce the complete will or swear where it is. If no executor has applied within 60 days, you or your sibling (as interested persons) can also move to start probate with 10 days’ notice to any named executor. Do not sign a renunciation of administration until you’ve seen the will and understand its impact.

Process & Timing

1. Who files: Any interested person (e.g., devisee or heir). Where: Clerk of Superior Court in the county where your grandparent was domiciled. What: A sworn application by affidavit asking the clerk to issue a summons ordering production of the will (no preprinted AOC form). Attach the incomplete copy and facts showing who holds the will. When: File as soon as possible; if 60 days have passed since death and no executor applied, you may also apply for probate after 10 days’ notice to the named executor.
2. The clerk issues a summons setting a date by which the holder must produce the will or swear to its whereabouts. Arrange Rule 4 service. Expect a response/hearing window commonly within a few weeks, subject to county scheduling.
3. If the holder complies, the will is presented for probate. If not, the clerk may issue an order to show cause and proceed with civil contempt until the person complies. The end result is either the will on file for probate or a sworn accounting of its location/disposition.

Exceptions & Pitfalls

• If the person no longer has the will, they can satisfy the order by swearing where it is or how it was disposed of; civil contempt targets willful noncompliance with the order.
• Serve the summons under Rule 4; defective service can stall enforcement.
• Renunciation forms: Signing a renunciation gives up your priority to administer but not your inheritance; don’t sign before you see the will and understand your rights.
• Life insurance usually pays directly to the named beneficiary outside probate; a caregiver relative cannot take it simply by handling mail.
• If the original will is lost or destroyed, the court can consider a “lost will” probate, which requires specific proof; procedures vary by case and county.
• Concealing or destroying a will can be a crime; law enforcement, not the clerk, handles criminal enforcement.

Talk to a Probate Attorney

If you’re dealing with a relative withholding a will or pushing you to sign away rights, 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.