How to Locate and Verify Original Wills and Codicils Before Opening Probate in North Carolina

Why the Original Matters

The Clerk of Superior Court will not open an estate in North Carolina without either (1) the original will or codicil or (2) a court order admitting a lost or destroyed instrument. Finding the genuine, signed document avoids costly delay and litigation.

Where to Look for Original Estate Documents

Begin with a methodical paper trail. The following locations account for nearly every original will or codicil our office sees:

• Home files and fire-safes. Check labeled estate folders, lock boxes, and desk drawers.
• Safe-deposit box. North Carolina gives an interested party limited access to a decedent’s box N.C. Gen. Stat. § 53C-6-7.
• Attorney’s office. Many lawyers store client originals at no charge. Call firms that drafted the estate plan or handled prior legal work.
• Clerk of Superior Court vault. A person may file a will for safekeeping during life. Ask the clerk to search under the decedent’s name (§ 31-32).
• Digital clues. Email confirmations from online will-drafting services, cloud storage folders, or password-protected USB drives can point to the location of a signed paper original.

Accessing a Safe-Deposit Box the Right Way

Under § 53C-6-7, a spouse, child, parent, or named personal representative may open the box in the presence of a bank officer solely to search for burial instructions, a will, or a codicil. The bank must list the contents and release any will to the Clerk of Court, who will then provide a certified copy to you on request.

How to Confirm the Document Is Valid

1. Check execution formalities. A typewritten North Carolina will needs the testator’s signature and two disinterested witnesses who sign in the testator’s presence (§ 31-3.3).
2. Look for a self-proving affidavit. If the will or codicil is followed by a notarized affidavit, it is “self-proved” under § 31-11.6. The clerk can admit it without live witness testimony.
3. Inspect physical condition. Staple holes, torn pages, or handwritten edits can raise red flags. Never remove staples; bring the document to the clerk intact.
4. Trace codicils. Each codicil must meet the same signing rules and should reference the earlier will by date.
5. Compare dates. The most recent valid instrument generally controls unless a later codicil says otherwise.

What If You Find Only a Copy?

North Carolina allows a lost-will proceeding in Superior Court, but you must prove:

• Due execution of the original;
• Existence of the will after the testator’s death or its destruction without the testator’s consent; and
• Substance of its provisions.

These cases are time-consuming and fact-intensive. Act quickly to preserve evidence and witness statements.

Next Steps Once You Have the Original

File the original will or codicil with the Clerk of Superior Court in the county where the decedent lived (§ 28A-3-3). At the same time you may apply for appointment as Personal Representative and post any required bond.

Helpful Hints

• Photograph the front and back of each page before delivering originals to the clerk.
• Gather addresses and phone numbers for all heirs; the clerk will need them for formal notice.
• Secure the decedent’s residence to prevent removal of papers until the search is complete.
• Keep a written log of everywhere you looked and everyone you spoke with—this can be evidence if the will is ultimately deemed lost.
• If multiple wills surface, never destroy a prior version. File every original with the clerk and let the court decide validity.

Need Guidance Finding or Proving a Will? Call Us.

Locating and authenticating the original estate documents is the critical first step toward a smooth probate. Our North Carolina probate attorneys routinely handle searches, safe-deposit access, and lost-will proceedings statewide. Call (919) 341-7055 today to schedule a confidential consultation and put our experience to work for you.