Short Answer

In North Carolina, you enforce a will by filing the original will for probate with the Clerk of Superior Court in the county where the decedent lived. If the named executor will not act within 60 days, any devisee or other interested person may apply to probate the will after giving 10 days’ notice to the named executor. If someone refuses to turn over the will, you may ask the Clerk to order its production. Whether an online/notarized will is valid depends on whether it was properly executed under North Carolina law.

Understanding the Problem

You want the State (North Carolina) to recognize and carry out the decedent’s will through the probate process when family members resist. The question is: can you start probate, and how do you do it if others refuse? One key fact: you did not file the will because a funeral director said it was invalid and the heirs declined to pursue it.

Apply the Law

In North Carolina, the Clerk of Superior Court serves as judge of probate. A will becomes enforceable only after it is admitted to probate. The named executor has the first opportunity to apply. If they do not apply within 60 days after death, any devisee or other interested person may apply after giving 10 days’ written notice to the named executor. A will must be properly executed: for an attested written will, the testator must sign and two competent witnesses must attest. Notarization by itself does not make a will valid; notarization is used to “self-prove” a will so witnesses need not testify. If someone withholds the will, you may ask the Clerk to compel production. There is no absolute deadline to offer a will, but delays can create title and creditor issues.

Key Requirements

• Standing to file: The named executor files first; if they do not act within 60 days, any devisee or other interested person may apply after giving 10 days’ notice to the named executor.
• Proper execution: An attested written will requires the testator’s signature and two witnesses; notarization alone is not enough. A will can be “self-proved” with the testator’s acknowledgment, witness affidavits, and a notary’s certificate.
• Proof at probate: A self-proved will is admitted without live witness testimony; otherwise, you supply subscribing witness affidavits or other permitted proof.
• Forum: File in the Clerk of Superior Court in the decedent’s county of domicile.
• If the will is withheld: You may apply for an order compelling the person holding the will to produce it for probate.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2A-2 (Who may offer a will) – If the executor doesn’t apply within 60 days, an interested person may apply after 10 days’ notice.
• North Carolina Gen. Stat. § 31-3.3 (Execution of attested written will) – Requires the testator’s signature and two witnesses.
• North Carolina Gen. Stat. § 31-11.6 (Self-proved wills) – Sets out how a will can be self-proved.
• North Carolina Gen. Stat. § 28A-2A-4 (Compelling production of a will) – Lets the Clerk order someone to produce the will.

Analysis

Apply the Rule to the Facts: Because the heirs declined to act, you qualify as an “interested person” who may apply to probate the will after giving the named executor 10 days’ notice once 60 days have passed from death. If the online/notarized will was signed by the decedent and two witnesses, it likely meets the execution rule; if it’s only notarized (no two witnesses), it won’t qualify as an attested will and probate could be denied. If someone is holding the original, you can ask the Clerk to compel production. After probate, you may submit a reimbursement claim for post‑death bills you paid personally.

Process & Timing

1. Who files: You (as a devisee or other interested person). Where: Clerk of Superior Court in the decedent’s North Carolina county of domicile. What: File the original will, death certificate (or acceptable proof of death), and AOC‑E‑201 (Application for Probate and Letters Testamentary/Of Administration CTA). If the will is not self‑proved, include AOC‑E‑300 affidavits from witnesses. When: If the named executor has not applied within 60 days, give them 10 days’ written notice and then apply.
2. After filing, the Clerk reviews execution and proof; a self‑proved will is often admitted quickly. If admitted, the Clerk issues a Certificate of Probate and (if you qualify to serve) Letters Testamentary; if the named executor declines, the Clerk can appoint an administrator with the will annexed.
3. The Clerk mails notice to known beneficiaries. The personal representative then publishes notice to creditors and administers the estate to carry out the will’s gifts, including any special bequests, subject to creditor claims and taxes.

Exceptions & Pitfalls

• Notarization alone is not enough: An attested will still needs two witnesses. If it lacks witnesses, discuss whether a different type of will applies or whether probate is possible with other proof.
• Someone won’t hand over the will: Ask the Clerk to compel production. The court can order the holder to bring in the will or disclose its whereabouts.
• Contested families: If a dispute is likely, consider probate in solemn form (with notice to interested parties) to obtain a binding determination and limit later challenges.
• Delay risks: North Carolina has no general deadline to offer a will, but delaying can create title issues and complicate creditor matters. Procedures and timelines can vary by county.
• Power of attorney ends at death: Your authority as agent ended at death. Stop paying estate bills from personal funds; instead, present a reimbursement claim once a personal representative is appointed.

Talk to a Probate Attorney

If you’re facing family resistance to a will and need to start probate or compel someone to turn over the original will, our firm can help you understand your options and timelines. Call us today.

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.