Short Answer

In North Carolina, you probate a will by filing it with the Clerk of Superior Court in the county where the decedent lived, along with the required application and proof. Once the Clerk admits the will to probate, title to real estate passes to the named devisees, and you can record certified copies in any county where the land lies. If the sale occurs within two years of death, a personal representative generally should publish notice to creditors and join in the deed to protect title.

Understanding the Problem

You are asking whether, and how, to probate a North Carolina will so a named heir can legally convey their share of land. Here, the will naming the heir has not been probated in the North Carolina county where the decedent lived, and the heir now lives in Florida. You want clear title to proceed with a purchase from that heir.

Apply the Law

Under North Carolina law, the Clerk of Superior Court has original authority to probate wills. Probate in common form is the standard, ex parte process where the Clerk reviews the will and proof of due execution. A self-proved will can be admitted without live witness testimony; otherwise, witness affidavits or other proof may be required. There is no general deadline to offer a will for probate, but a will is ineffective against certain third parties unless probated or offered within a statutory window. When real estate is involved, record certified copies of the probated will and the certificate of probate in every North Carolina county where the land is located.

Key Requirements

• Proper venue: File the will for probate with the Clerk of Superior Court in the county where the decedent was domiciled (lived) at death.
• Proof of will: A self-proved will is usually admitted on its face; otherwise, provide subscribing-witness affidavits or other acceptable proof if witnesses are unavailable.
• Recording for real estate: After probate, record certified copies of the will and the certificate of probate in each county where the North Carolina real estate lies.
• Creditor window and sales: If selling within two years of death, a personal representative should publish notice to creditors and typically join the deed to protect the buyer’s title.
• Out-of-state probate or decedent: If the will was first probated elsewhere, you may probate a certified copy in North Carolina; if the decedent was a nonresident with NC property, use the certified-copy procedure.

What the Statutes Say

• North Carolina Gen. Stat. § 31-39 (Effectiveness of a will against creditors and purchasers) – Will must be probated or offered within a set period to bind certain third parties.
• North Carolina Gen. Stat. § 28A-17-12 (Sales by heirs or devisees) – Sets rules for sales within two years after death and when a personal representative must join.
• North Carolina Gen. Stat. § 28A-2A-17 (Probate of certified copy of nonresident’s will) – Allows probating a certified copy to pass title to North Carolina real property.
• North Carolina Gen. Stat. § 28A-2A-13 (Recording probated will in other counties) – Authorizes filing certified copies in every NC county where the land lies.

Analysis

Apply the Rule to the Facts: Because the decedent lived in North Carolina, the will should be offered for probate in the decedent’s county of domicile. If the original will is self-proved, the Clerk can often admit it without live witness testimony; otherwise, witness affidavits or substitute proof may be needed. After admission, record certified copies in each county where the land is located so the heir’s title appears in the chain. Since the deaths occurred decades ago, the two‑year creditor window likely isn’t a current barrier, but title clearing may still require addressing unknown heirs or corporate dissolution issues.

Process & Timing

1. Who files: The named executor; if no action within 60 days after death, any devisee or interested person may apply after notice. Where: Clerk of Superior Court in the North Carolina county of the decedent’s domicile. What: Original will, death information, and application (AOC‑E‑201) or, if you only need probate without appointing a personal representative, AOC‑E‑199. When: No general deadline to offer the will, but probate promptly to clear title.
2. After the Clerk admits the will, obtain certified copies of the probated will and the certificate of probate and record them in every NC county where the property lies; county processing times vary.
3. If selling within two years of death, have a personal representative publish notice to creditors and join the deed; otherwise, once recordation is complete and any other ownership issues are resolved, proceed to closing.

Exceptions & Pitfalls

• Filing (depositing) a will without probate does not pass title; the Clerk must admit the will and issue a certificate of probate.
• Failing to record certified copies in each county where the land is located can leave gaps in the chain of title.
• Lost or unavailable originals require additional proof; plan for witness affidavits or other evidence of due execution.
• Out‑of‑state probate requires a certified copy of the will and the foreign probate; use the certified‑copy procedure to pass NC real estate.
• If a dissolved corporation—not the individual—held title, confirm how assets were distributed at dissolution; quiet title may be needed to address unknown shareholders or heirs.
• Any interested party can file a caveat within the statutory period after probate; buyers may ask for comfort measures if a caveat risk exists.

Talk to a Probate Attorney

If you need to probate a will and clear title so an heir can sell inherited North Carolina real estate, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at .

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.