How to File a Will With the Clerk of Court in NC

How-To Guides 14 min read

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Filing a will with the court is one of the first legal steps after someone dies in North Carolina, and it comes with a hard deadline. Under NC law, any person who has possession of a deceased person’s will must file it with the Clerk of Superior Court within 60 days of learning of the death. Failing to file is not just a formality you can skip – it is a misdemeanor under North Carolina law, and it can delay the entire estate administration process, leaving beneficiaries without access to assets and creditors in limbo.

Despite its importance, the filing process itself is relatively straightforward once you know where to go, what to bring, and what to expect. This guide walks you through every step.

Afterpath guides North Carolina families through the will filing and probate process from start to finish. Our Pathfinder AI guide explains what documents you need and walks you through each step, our Task Management system tracks the 60-day filing deadline and all follow-up requirements, and our NC Compliance Engine ensures you meet every statutory obligation.

Filing a Will vs. Probating a Will: They Are Different

Before we get into the process, it is critical to understand that filing a will and probating a will are two different actions.

Filing a will means physically depositing the original will with the Clerk of Superior Court so it becomes part of the public record. This is required by law whether or not anyone intends to open a probate estate.

Probating a will means asking the Clerk to officially validate the will and appoint the executor (called the “personal representative” in NC) to administer the estate. Probating a will involves filing additional paperwork, providing a bond (in some cases), and receiving Letters Testamentary that grant legal authority to act on behalf of the estate.

You can file a will without probating it. But you cannot probate a will without filing it.

In many cases, families do both at the same time – filing the will and applying for probate in a single visit to the courthouse. But the 60-day deadline applies specifically to filing, regardless of whether you are ready to open probate.

The 60-Day Filing Deadline

The Statute

Under NC G.S. 28A-2A-1, any person having custody of a will must file it with the Clerk of Superior Court in the county where the deceased person was domiciled (their primary residence) within 60 days of learning of the testator’s death.

Who Is Required to File?

Anyone who has physical possession of the original will. This includes:

The named executor
An attorney who drafted or was holding the will
A family member who found the will in the decedent’s home
A bank or safe deposit box custodian
Anyone else who has the original document

What Happens If You Miss the Deadline?

Failure to file a will within 60 days is a Class 1 misdemeanor under NC law. Beyond the criminal penalty (which is rarely prosecuted but exists as a deterrent), late filing can:

Delay the opening of probate and the appointment of an executor
Create legal complications if beneficiaries or creditors challenge the delay
Potentially lead to an intestacy proceeding if others assume there is no will
Expose the person holding the will to civil liability if beneficiaries are harmed by the delay

If you have missed the 60-day window, file the will immediately. Late filing is far better than not filing at all. The Clerk will still accept the will, and probate can still proceed.

Afterpath’s Task Management system flags the 60-day deadline from the date of death and sends reminders as the deadline approaches, so you never lose track of this critical requirement.

Where to File

Correct County

File the will with the Clerk of Superior Court in the county where the deceased person was domiciled at the time of death. Domicile means the person’s primary, permanent residence – not where they happened to die (which may have been a hospital or nursing home in a different county) and not where they owned property.

If the deceased was a North Carolina resident, this is typically the county where they lived and received mail. If there is any ambiguity about domicile (for example, someone who split time between two counties or had recently moved), consult an attorney.

Finding the Courthouse

Every North Carolina county has a Clerk of Superior Court office, usually located in the county courthouse. You can find the address and contact information through:

The NC Courts website (nccourts.gov) – search by county
NC eCourts portal for online filing information
Calling the county courthouse main number

Can You File Online?

North Carolina has been rolling out NC eCourts Guide & File, an online portal for court filings. As of 2024, estate filing availability varies by county. Some counties accept online probate filings through Guide & File; others require in-person filing. Check with your county’s Clerk of Superior Court to determine if online filing is available for estates. For more on the online system, see our guide to NC eCourts Guide & File for probate.

What to Bring

Required: The Original Will

The Clerk requires the original will – not a photocopy, not a scanned version, not a faxed copy. The original document with the testator’s original signature is what the Clerk needs to accept for filing and subsequent probate.

If you only have a copy of the will and the original cannot be found, you may still be able to probate the will, but it requires a more complex legal process to establish the will’s validity. Consult an attorney if this is your situation.

Required: Death Certificate

Bring a certified copy of the death certificate. The Clerk needs to verify that the testator is deceased and to confirm the date and county of death.

If You Are Also Applying for Probate

If you plan to open probate at the same time as filing the will (which is common and efficient), you will also need:

Application for Probate and Letters (AOC-E-201): This is the formal application to probate the will and appoint the executor. It can be obtained from the Clerk’s office or downloaded from the NC Courts website.

Oath of Executor/Administrator (typically completed at the Clerk’s office): The named executor must swear an oath to faithfully administer the estate.

Application to Appoint Personal Representative (AOC-E-100): If the will does not name an executor, or if the named executor is unwilling or unable to serve, this form is used to apply for appointment.

Bond (if required): The Clerk may require the executor to post a bond – a form of insurance protecting the estate against mismanagement. The will may waive the bond requirement (many well-drafted wills do). If bond is required, the Clerk will set the amount based on the estimated estate value.

Personal identification: Bring a government-issued photo ID.

Witness information: If the will is not self-proving (see below), you may need to bring witnesses to testify.

For a complete guide to AOC estate forms, see our article on NC probate AOC forms.

Self-Proving vs. Non-Self-Proving Wills

Self-Proving Wills

A self-proving will includes a sworn affidavit signed by the witnesses before a notary public, attached to or included in the will. The affidavit confirms that the will was properly executed – that the testator signed voluntarily, appeared to be of sound mind, and that the witnesses observed the signing.

Under NC G.S. 31-11.6, a self-proving will can be admitted to probate without requiring the witnesses to appear in person. This is the simpler and faster path.

Most wills drafted by attorneys in North Carolina include a self-proving affidavit. If you see notarized signatures from the witnesses (in addition to their regular signatures), the will is likely self-proving.

Non-Self-Proving Wills

If the will does not include a self-proving affidavit, the Clerk must verify the will’s validity through witness testimony. This means:

At least one of the subscribing witnesses must appear before the Clerk and testify that they observed the testator sign the will (or the testator acknowledged the signature to them)
If none of the witnesses are available (they have died, cannot be located, or are incapacitated), the Clerk may accept other evidence of the will’s validity, such as testimony identifying the testator’s handwriting

This process takes more time and may require scheduling a hearing.

The Filing Process Step by Step

Step 1: Locate the Original Will

Check the decedent’s home (file cabinets, safes, desk drawers), their attorney’s office, their bank’s safe deposit box, and any other location where they might have stored important documents.

In North Carolina, some people file their will with the Clerk of Superior Court for safekeeping during their lifetime under NC G.S. 31-11. If the decedent did this, the will is already on file and you simply need to notify the Clerk of the death and request probate.

Step 2: Determine the Correct County

Identify the county where the deceased person was domiciled. If you are unsure, their voter registration, driver’s license, tax returns, and utility bills can help establish domicile.

Step 3: Gather Your Documents

Assemble the original will, a certified death certificate, your personal identification, and any additional probate application forms if you intend to open probate simultaneously.

Step 4: Visit the Clerk of Superior Court

Go to the Estates Division of the Clerk of Superior Court in the correct county. Many courthouses accept walk-ins for estate filings; some require or prefer appointments. Call ahead to check.

When you arrive:

Tell the clerk you need to file a will (and apply for probate, if applicable)
Present the original will and death certificate
The clerk will review the will for basic requirements (signatures, witnesses)
If applying for probate, complete the required forms (AOC-E-201, AOC-E-100)
If the will is self-proving, the Clerk can typically admit it to probate the same day
If the will is not self-proving, the Clerk will schedule a hearing for witness testimony
Pay the filing fee (currently $120 for probate in NC, though fees vary and can change)

Step 5: Receive Your Letters Testamentary

If probate is granted, the Clerk will issue Letters Testamentary (AOC-E-403) – the document that gives the executor legal authority to act on behalf of the estate. Request several certified copies; you will need them for banks, insurance companies, title companies, and other institutions.

If you only filed the will without applying for probate, the Clerk will accept the will for filing and place it in the public record. No Letters will be issued until someone applies for probate.

What Happens After Filing

If You Filed and Probated

Once probate is granted and Letters Testamentary are issued:

Notice to creditors: You must publish a notice to creditors in a newspaper of general circulation in the county (NC G.S. 28A-14-1). Creditors have 3 months from the first publication date to file claims.
Notice to beneficiaries and heirs: You must notify all beneficiaries named in the will and all heirs who would have inherited under intestacy law.
File the inventory: Within 90 days of appointment, you must file an inventory (AOC-E-400) of all estate assets.
Begin administration: Pay debts, manage assets, file tax returns, and distribute the estate.

For a complete overview of the probate process, see our guide on how to start probate in North Carolina.

If You Filed Without Probating

The will is now part of the public record. Anyone with standing (an executor named in the will, a beneficiary, an heir, or a creditor) can apply to open probate at a later date. The Clerk retains the will for this purpose.

Note that there is a separate time limit for probating a will after the testator’s death. Under NC G.S. 31-12, a will generally must be probated within 3 years of the testator’s death, though extensions are possible in limited circumstances.

What If the Original Will Is Lost?

If the original will cannot be found, North Carolina does allow probate of a lost or destroyed will under certain circumstances, but the process is more difficult:

You must file a petition with the Clerk showing the will existed, it has been lost or destroyed, and the loss was not intentional revocation by the testator
There is a legal presumption in NC that if the original will was last in the testator’s possession and cannot be found after death, the testator destroyed it with the intention of revoking it
You must overcome this presumption with evidence – a copy of the will, testimony from witnesses, testimony from the attorney who drafted it
The Clerk may require a formal hearing

If you are in this situation, consult an attorney. Probating a lost will without legal representation is risky.

What If There Is No Will?

If the deceased did not leave a will (died “intestate”), the estate is administered under North Carolina’s intestacy laws (NC G.S. Chapter 29). Instead of filing a will, the next of kin applies for Letters of Administration using form AOC-E-100. The Clerk appoints an administrator based on a statutory priority list (surviving spouse, then children, then parents, etc.).

The administration process is similar to probate with a will, but the estate is distributed according to NC intestacy rules rather than the decedent’s wishes.

For more about the differences, see our guide on what are Letters of Administration in NC.

Frequently Asked Questions

What is the filing fee?

The filing fee for probating a will in North Carolina is currently $120. Additional fees may apply for certified copies of Letters Testamentary (typically $2-$5 per copy) and other documents. Fees are set by statute and may change. Contact your county’s Clerk of Superior Court for current fees.

Can I file the will by mail?

Some counties accept will filings by mail, but many prefer or require in-person filing, especially for the initial probate application where the executor must take an oath. If you cannot appear in person, call the Clerk’s office to discuss alternatives. You may be able to designate an attorney to appear on your behalf.

What if there are multiple wills?

File all wills you have in your possession. The Clerk will determine which will is the valid last will – typically the most recent will that was properly executed. A later will generally revokes an earlier one, either by explicit revocation language or by being wholly inconsistent with the earlier will. If there is a dispute about which will is valid, the Clerk may hold a hearing or the matter may be transferred to Superior Court.

Can Afterpath help me with the filing process?

Yes. Afterpath’s Pathfinder AI guide walks you through the filing process for your specific county, including what documents to bring, what forms to complete, and what to expect at the courthouse. Our NC Compliance Engine tracks the 60-day filing deadline and all post-filing requirements (creditor notice, inventory, etc.). And our Task Management system creates a complete timeline for your estate administration, starting with will filing and carrying through to final distribution.

What if someone is hiding the will?

If you believe someone is withholding a will, you can petition the Clerk of Superior Court to issue a caveat or order the person to produce the will. Under NC G.S. 28A-2A-1, suppressing a will is a criminal offense. You may also consult an attorney about filing a civil action to compel production of the will.

Related Resources

How to Start Probate in North Carolina – Complete guide to opening probate
NC Probate AOC Forms Guide – Every form you need explained
How to Read a Will – Understanding what the will actually says
NC eCourts Guide & File for Probate Online – Using the online filing system
How Long Does Probate Take in NC? – Timeline expectations for estate administration
What Are Letters of Administration in NC? – When there is no will

Moving Forward

Filing a will with the court is a formal, legal act, but it does not have to be intimidating. You bring the original will and a death certificate to the right courthouse, complete some paperwork, and the process begins. The important thing is to do it within 60 days and to be prepared with the right documents.

If you are also ready to open probate, doing both at the same visit saves time and gets the estate administration started sooner. The sooner you have Letters Testamentary in hand, the sooner you can access estate accounts, notify creditors, and begin the work of settling the estate.

This is the beginning of a process that will take months, and it can feel daunting. But you do not have to figure out every step in advance. Afterpath was built to walk beside you through every stage – from this first courthouse visit to the final distribution. Our Pathfinder AI guide answers your questions at every turn, our task system tracks every deadline, and our NC Compliance Engine ensures you never miss a statutory requirement.

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