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Probate Q&A Series

How do I force my sibling to give me a copy of our parents’ estate plan in North Carolina after he ignored my formal request? — North Carolina

Short Answer

In North Carolina, you can ask the court to compel production of a will and, if needed, the clerk can enforce compliance by civil contempt. For trusts, a trustee must provide qualified beneficiaries a copy of the trust instrument and basic information; if the trustee refuses, you can file a trust proceeding to compel disclosure. Once a will is probated, it becomes a public record you can obtain from the clerk. Procedures and timelines vary depending on whether you seek a will or a trust.

How North Carolina Law Applies

If your sibling is holding an original will after a parent’s death, you can apply to the clerk of superior court to compel production so the will can be probated. The clerk issues a summons and can use civil contempt if the person disobeys. After a will is probated, anyone can get a copy from the clerk because it is a public record.

If your sibling is a trustee of a revocable or irrevocable trust, North Carolina law requires the trustee to provide qualified beneficiaries a copy of the trust instrument and reasonably complete information about trust assets upon request. If the trustee ignores you, you can file a trust proceeding before the clerk seeking an order to compel disclosure and, if appropriate, an accounting.

A leading North Carolina clerk’s manual explains the affidavit process to compel a will and notes the clerk can issue a summons and enforce it by civil contempt if the custodian refuses to comply. A statewide estate administration guide highlights that if an executor fails to present a will within 60 days of death, any beneficiary or interested person can move the process forward. A fiduciary litigation treatise emphasizes a trustee’s duty to inform and report to qualified beneficiaries, including providing the trust instrument, and that beneficiaries can petition the clerk to compel compliance and accountings.

Key Requirements

  • For a will: The testator is deceased; you can state facts showing a will exists; and someone in North Carolina has it or knows where it is.
  • For a trust: You are a “qualified beneficiary” (for example, you are entitled or permitted to receive trust income or principal now or in the future); you requested the trust document and information; and the trustee refused or ignored the request.
  • Know who holds what: The will custodian is not always the executor, and the trustee is the person with duties to provide the trust instrument—not a sibling who is only a beneficiary.

Process & Timing

  1. Confirm what you need. If you want the will, check with the clerk in the county where your parent lived to see if it is already probated. If it is, request a copy from the clerk; it is public after probate. If you want a trust, identify the trustee.
  2. Make one more written request. For a will, ask the custodian to file it with the clerk. For a trust, cite the trustee’s duty to provide a copy of the trust instrument and basic information to qualified beneficiaries.
  3. To compel a will: File an application by affidavit with the clerk of superior court under the will-compulsion statute. State facts showing the will exists and who has it. The clerk issues a summons directing the person to produce the will or explain under oath where it is.
  4. Service and response: The summons is served and sets a firm response date. If the person fails to comply, the clerk may issue an order to show cause and proceed with civil contempt, which can include jail until the person produces or accounts for the will.
  5. After probate: Once the clerk admits the will to probate, it remains on file as a public record; obtain certified copies from the clerk if needed. If an executor fails to act within 60 days of death, an interested person may apply to probate the will with 10 days’ notice to the named executor.
  6. To compel a trust document: If the trustee ignores your request, file a trust proceeding with the clerk where the trust is administered or where a beneficiary resides. Ask the clerk to order the trustee to provide the trust instrument and an accounting or report as appropriate.
  7. Enforcement and potential remedies: The court can order disclosures, accountings, and other relief for breach of trust. Courts may also award fees depending on the equities.

What the Statutes Say

Exceptions & Pitfalls

  • Before death, wills are private. If your parent is alive, you generally cannot force disclosure of a will or a trust unless narrow exceptions apply.
  • Trust rights run to the trustee. Beneficiaries can compel a trustee—not an uninvolved sibling—to provide the trust instrument and information.
  • Contempt requires ability to comply. The clerk cannot jail someone who proves they no longer have the will but can order them to disclose where it is.
  • Time limits can run. Once a trustee serves a copy of a revocable trust with proper notice, you may have as little as 120 days to file a trust validity challenge.
  • County practices vary. Some clerks require specific formats or scheduling for will-compulsion applications and safe‑deposit box inventories.

Helpful Hints

  • Search first: Call the clerk’s office in your parent’s county of residence to see if a will has already been filed or probated. If so, request a certified copy.
  • Be specific in your request: For trusts, identify yourself as a qualified beneficiary and ask for “a complete copy of the trust instrument and any amendments” plus a current report of assets and liabilities.
  • Keep records: Save your written request and any delivery proof. These documents support your petition if you must go to court.
  • Safe‑deposit boxes: If you suspect a will is in a safe‑deposit box, ask the clerk about the inventory process so any testamentary document can be filed properly.
  • Mind the 60‑day rule: If the named executor does not present the will within 60 days of death, an interested person can apply to probate the will after giving the executor 10 days’ notice.

Sources & References

  • 2024 NC Clerks Manual, Chapter on Wills and Probate (sections on compelling production of a will; summons and civil contempt; public access after probate; wills on deposit; safe‑deposit box procedures), pp. 66–126, 412–419.
  • North Carolina Estate Administration Manual, Supplemented 10th Ed. (sections on locating and probating wills, the 60‑day/10‑day process, recording wills without probate, safe‑deposit box inventories, and trust administration duties to inform and report), e.g., II-9–II-10; IV-14–IV-15; XVII-14–XVII-16; XVII-46–XVII-51.
  • North Carolina Fiduciary Litigation Manual (sections on trustee duty to inform and report; trust proceedings before the clerk; remedies and fee-shifting; enforcement by petition to compel accounting), e.g., III-6–III-10; IX-21–IX-30; XIII-7.

Disclaimer: This article is general information about North Carolina law, not legal advice. Reading it does not create an attorney‑client relationship.

Talk to a Probate Attorney

If you’re dealing with a sibling withholding a will or trust and need court help to get a copy, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.