Cumberland County Probate Guide: Filing in Fayetteville, NC

Navigating Probate in Cumberland County, NC

When someone you love passes away, the days and weeks that follow bring an unexpected mix of grief and logistics. In Cumberland County, that logistical side of loss means navigating North Carolina’s probate system, a process that can feel foreign and bureaucratic at the worst possible time.

This guide is written for families and executors in the Fayetteville area who need clear, accurate information about how probate works in Cumberland County. Whether you’re the spouse of a retired servicemember at Fort Liberty, an adult child settling a parent’s estate, or a named executor with no prior experience, this guide covers what you need to know.

Cumberland County is home to one of the largest military populations in the country. The presence of Fort Liberty (formerly Fort Bragg) means a significant portion of local estates involve military benefits, survivor benefit plans, VA accounts, and the particular complications that come with active-duty or recently separated service members. Those assets often pass outside of probate through beneficiary designations, but understanding the full picture is important before you begin.

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Cumberland County Clerk of Superior Court

All probate filings in Cumberland County go through the Clerk of Superior Court, located in the Cumberland County Courthouse in downtown Fayetteville.

Courthouse Address: 117 Dick St Fayetteville, NC 28301

Phone: (910) 678-2903

Office Hours: Monday through Friday, 8:00 AM to 5:00 PM

Parking is available in lots and on-street metered spaces near the courthouse. The Hay Street area has additional public parking if the immediate vicinity is full. The Clerk’s office is on the first floor of the courthouse and is accessible to those with mobility limitations.

The Clerk’s staff can help you identify which forms apply to your situation and explain basic procedural requirements. They cannot, however, provide legal advice. If your estate involves military survivor benefits, a disputed will, business ownership, or substantial real estate holdings, consulting a Fayetteville probate attorney is a worthwhile investment.

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Filing Requirements and Fees in Cumberland County

North Carolina uses standardized AOC forms across all counties, so the paperwork in Cumberland County is the same as anywhere else in the state. Our NC AOC forms guide has a complete breakdown of the forms you’ll encounter.

What to Bring

• The original will and any codicils
• A certified copy of the death certificate (not a photocopy)
• A complete list of heirs with current addresses
• An approximate inventory of the estate’s assets and values
• Your government-issued photo ID

For estates where the decedent was an active-duty or retired military member, also gather information about any Survivor Benefit Plan elections, VA accounts, and Thrift Savings Plan (TSP) beneficiary designations. These likely pass outside of probate, but knowing the full picture helps you understand what does and doesn’t need to go through the court process.

Filing Fees

North Carolina probate fees are governed by state statute and tied to the value of the estate’s personal property:

• Estates up to $10,000: $120
• Estates between $10,001 and $100,000: $120 plus $1 per $1,000 over $10,000
• Estates over $100,000: $210 plus 50 cents per $1,000 over $100,000 (maximum fee of $6,000)

The fee is paid at the time of filing to the Cumberland County Clerk of Superior Court. Call ahead to confirm accepted payment methods. For a full picture of what probate costs beyond court fees, see our probate cost overview.

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Step-by-Step Probate Process in Cumberland County

Step 1: Determine Whether Probate Is Required

Before filing anything, confirm that the estate actually requires probate. Assets with named beneficiaries (life insurance, retirement accounts, military survivor benefits), assets held in joint tenancy with right of survivorship, and assets held in a living trust all pass outside of probate.

Cumberland County estates composed primarily of military benefits, VA accounts, and jointly-held marital property may not require probate at all, or may qualify for a simplified process. Small estates under $20,000 in personal property (or $30,000 if the spouse is the sole heir) may qualify for collection by affidavit instead of full probate.

Our guide on how to start probate in North Carolina walks through this initial assessment in detail.

Step 2: Open the Estate

Bring the required documents to 117 Dick St and file Form AOC-E-201 (Application for Probate). Pay the filing fee. The Clerk will review the will for validity under North Carolina law and assign your estate a file number. This file number is your reference for all future submissions.

Step 3: Qualify as Executor or Administrator

If a will names an executor, that person takes an oath before the Clerk to formally qualify. If there is no will (intestate estate), or if the named executor cannot serve, the court appoints an administrator, typically the surviving spouse or nearest adult heir.

Upon qualification, the Clerk issues Letters Testamentary or Letters of Administration. These letters are the formal legal authorization you need to act on behalf of the estate, including opening estate bank accounts, accessing financial records, managing property, and communicating with financial institutions.

Step 4: Publish Notice to Creditors

You are required by North Carolina law to publish a notice to creditors in a local newspaper. In Fayetteville, the Fayetteville Observer is the publication most commonly used for this purpose. The notice must run once a week for four consecutive weeks.

Creditors then have 90 days from the first publication date to file claims against the estate. Known creditors must also receive written notice directly.

Military-related creditors, including any outstanding loans through military lending programs or USAA accounts, should be addressed during this phase.

Step 5: Prepare and File the Inventory

Within three months of qualifying, file a complete inventory of all estate assets using Form AOC-E-505. List real property, bank and investment accounts, vehicles, business interests, and personal property at fair market value as of the date of death.

For military retirees, be sure to distinguish between assets that pass through probate and those that don’t. For example, a Thrift Savings Plan with a named beneficiary does not go into the estate inventory, while a personal savings account that was solely in the decedent’s name does.

Step 6: Pay Valid Debts and Taxes

Before any distribution to heirs, pay all valid creditor claims, administrative expenses, and applicable taxes. North Carolina does not have a state estate tax, but the federal estate tax applies to estates over the federal exemption threshold (over $13 million in 2025).

Final income tax returns and any fiduciary income tax returns for the estate must also be filed. An accountant familiar with military retiree tax situations can be particularly helpful in Cumberland County.

Step 7: Distribute to Beneficiaries

Distribute remaining assets according to the will’s instructions or, in the absence of a will, according to North Carolina’s intestacy laws. Obtain signed receipts from every beneficiary at the time of distribution.

Step 8: File the Final Account and Close

Submit your final accounting to the Cumberland County Clerk. The document accounts for all assets received, all expenditures made, and all distributions to beneficiaries. After the Clerk approves it, the estate is closed.

Most routine estates in Cumberland County close within six to twelve months. Complex estates, especially those with contested provisions or out-of-state property, may take longer.

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Local Resources and Tips for Cumberland County Estates

Legal Aid of North Carolina (Fayetteville Office) provides free civil legal assistance to qualifying low-income residents. If estate finances are limited, this resource may help cover gaps in legal guidance.

Cumberland County Register of Deeds (117 Dick St, same building as the courthouse) handles real property records. If you need to deed property out of the estate to heirs, you’ll file here. Reach them at (910) 678-7726.

Veterans Service Organizations (VSOs): The Fayetteville area has a strong network of VSOs, including American Legion, VFW, and DAV chapters. If you’re settling a veteran’s estate and need help navigating VA survivor benefits or the VA’s own claims process, these organizations offer free assistance.

Practical Tips:

• Request at least ten certified copies of the death certificate. Financial institutions, the VA, the Social Security Administration, and the county Register of Deeds all require certified copies, and ordering them in bulk is more efficient than requesting additional copies later.
• If the decedent received military retired pay, notify the Defense Finance and Accounting Service (DFAS) promptly. Overpayments after death may need to be returned.
• Cumberland County participates in North Carolina’s eCourts system. For information on online filings and case access, see our eCourts guide.
• If you’re not local to Fayetteville, many routine correspondence with the Clerk’s office can be handled by mail, but confirm which steps require in-person attendance.

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How Afterpath Helps Cumberland County Executors

Settling an estate is demanding work, and doing it while grieving is genuinely hard. Afterpath was built for exactly this situation: families who need organized, clear guidance through a process they’ve never done before.

Pathfinder, Afterpath’s conversational AI assistant, is available around the clock to answer questions about the Cumberland County probate process, explain what a specific form requires, or help you think through a complicated asset situation. It understands North Carolina’s specific rules and can give you context-specific guidance without requiring you to schedule an appointment.

Afterpath’s NC compliance engine ensures you’re following Cumberland County’s specific procedures and North Carolina’s statutory requirements. It tracks deadlines automatically, so creditor notice periods, inventory filing windows, and distribution timelines don’t fall through the cracks.

The document vault keeps your estate records organized in one secure location. From the original will and death certificates to creditor correspondence and signed beneficiary receipts, everything is accessible when you need it.

The task management system breaks the entire probate process into a step-by-step checklist with built-in deadlines, turning what feels like an overwhelming process into a series of clear, achievable tasks.

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Frequently Asked Questions

Does military retirement pay pass through probate in North Carolina? No. Military retired pay ends at death and does not become an estate asset. However, if the retiree elected a Survivor Benefit Plan (SBP), the surviving beneficiary may receive ongoing payments. Those are handled through DFAS, not through probate.

What happens to VA benefits when a veteran dies? VA compensation and pension payments stop at death. The surviving spouse or dependents may be eligible for Dependency and Indemnity Compensation (DIC) or other survivor benefits through the VA. These are processed through the VA separately from probate.

How long does probate take in Cumberland County? Straightforward estates typically close in six to twelve months. Larger or more complicated estates, or those with creditor disputes, may take longer.

Do I need a lawyer to probate an estate in Cumberland County? North Carolina does not require an attorney for probate. Many executors handle the process themselves. That said, if the estate is large, contested, involves business assets, or has unusual military benefit questions, an attorney familiar with both North Carolina probate law and military benefits is worth consulting.

Can I file probate in Cumberland County online? Some eCourts functions are available for Cumberland County estates. See our eCourts guide for the most current information on what can be done online versus in person.

Can Afterpath help with a Cumberland County estate that includes military assets? Yes. Afterpath’s Pathfinder and NC compliance engine can help you understand which assets go through probate and which don’t, guide you through each step of the process, and keep everything organized from start to finish.

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Ready to Get Started? Afterpath Is Here

The families of Cumberland County carry unique responsibilities, often settling estates while managing their own military service, relocations, or the pressures of a military community. Afterpath was designed to make this process less burdensome, not more.

With Pathfinder available day and night, an NC compliance engine built for North Carolina’s courts, and a task management system that keeps every deadline on your radar, Afterpath gives you the support you need to settle the estate with confidence.

Join the Afterpath waitlist and get early access to the platform built for North Carolina families.

For more county guides, see our resources for Wake County, Mecklenburg County, and Durham County, or see all NC probate court locations.