How to Find Out if Someone Left a Will in NC

Why Finding the Will Is the First Critical Step

Before the estate can move in any direction, one question must be answered: did the deceased leave a will?

The answer determines everything. With a will, the estate goes through probate with the named executor following the will’s instructions. Without a will, the estate goes through administration according to NC’s intestacy statutes. The people who inherit, the process that unfolds, and the authority structure are all defined by whether a valid will exists.

Many families assume the answer to this question is obvious. But in practice, locating a will is often more complicated than expected. Wills can be stored in unexpected places, filed with attorneys, held in safe deposit boxes, or completely misplaced. And occasionally, a will surfaces weeks or months after administration has already begun, which creates significant legal complications.

Conducting a thorough search before opening the estate is essential. This article walks through every place to look and every resource available in North Carolina.

Afterpath’s Pathfinder can help you understand what to do at each stage of the search and what happens legally depending on what you find (or don’t find).

Step 1: Search the Deceased’s Home

The most obvious starting point is the deceased’s home. Wills are often stored in predictable places:

Common locations:

• Filing cabinets (look in folders labeled “important documents,” “legal,” or “estate”)
• A home safe or fireproof lockbox
• A desk or home office
• With other important documents like deeds, insurance policies, and tax returns
• A secure drawer or cabinet

Less obvious locations:

• Behind or under furniture (some people store important documents in unusual places)
• In a box of “important papers” in a closet, attic, or storage area
• Inside a book or binder
• With their Bible or other religious book (some people store documents there)

Search thoroughly. Do not assume you’ve looked everywhere after a quick scan. The will may be in an envelope that looks like general correspondence. It may be stored with documents from decades ago. Take your time.

Step 2: Check Safe Deposit Boxes

If the deceased had a safe deposit box at a bank, the will might be stored there. This is a common and sensible storage location because safe deposit boxes are fireproof and secure.

How to access a safe deposit box after death:

The process for accessing a safe deposit box after someone dies in North Carolina is regulated. Banks will not simply let a family member open the box.

Under NC law, the following people may be authorized to access a safe deposit box after the box holder’s death:

• The executor named in a will (if the will has been presented to the bank)
• The surviving spouse or next of kin, in limited circumstances
• A person appointed by the court as administrator

In practice, most banks require some form of legal authority (Letters Testamentary or Letters of Administration) before releasing the contents of a safe deposit box. This creates a circular problem: you need the will to get Letters Testamentary, but the will may be in the safe deposit box.

The practical solution: NC law does allow a personal representative candidate or surviving family member to appear at the bank, provide a death certificate, and request that a bank officer open the box in their presence to search specifically for a will. The bank keeps the other contents secured until proper authority is established.

If you encounter difficulty with this, contact the bank manager directly and explain the situation. Most will accommodate a supervised search for a will. If the bank refuses entirely, an NC probate attorney can assist in petitioning the court for access.

Step 3: Contact the Deceased’s Attorney

Many people keep their original will with the attorney who drafted it. This is actually the most reliable storage approach, because attorneys maintain client files for years and will contact the family upon learning of a death.

Steps to find the attorney:

• Look in the deceased’s address book, phone contacts, or email
• Check any legal correspondence from past years
• Look for business cards in their files or wallet
• Search their email inbox for messages from law firms
• Ask family members if they know who the attorney was

When you contact the attorney’s office, identify yourself, explain that the client has died, and ask whether they have a will on file. Attorneys are generally required to provide the original will to the rightful parties upon death.

Even if the original will is somewhere else, the attorney may have a copy, and their records can confirm that a will was drafted at some point and explain its basic terms.

Step 4: Check NC eCourts and County Clerk Records

In North Carolina, a will can be voluntarily filed with the Clerk of Superior Court during the person’s lifetime for safekeeping. This is called filing a will for safekeeping and is authorized under NCGS § 31-11.3.

When a will is filed for safekeeping, it is sealed until the testator’s death and then opened and delivered to the executor or next of kin.

Not everyone does this, but if you can’t find a will elsewhere, it’s worth checking.

How to check:

Many NC counties have transitioned to NC eCourts, the state’s digital court system. Some historical probate records are searchable online through the NC eCourts Public Portal at nccourts.gov. See our guide on NC eCourts and probate records for more detail.

For searching records by county, contact the Clerk of Superior Court directly in the county where the deceased lived:

• Call the clerk’s office and explain that you’re searching for a filed will
• Provide the deceased’s full name, date of birth, and date of death
• Ask whether any will is on file for safekeeping or has already been filed for probate

NC probate records are public: Once a will is filed for probate, it becomes part of the public record and is accessible to anyone. Our guide on whether probate records are public in NC covers this in detail.

Step 5: Look for Prior Filings in Other Counties

If the deceased lived in multiple places over the years, they might have filed a will for safekeeping in a different county. Similarly, if they owned property in multiple NC counties, they might have opened estate proceedings somewhere other than the county you’re checking.

There’s no centralized statewide registry of wills in North Carolina (this is true of most states). Each county clerk maintains its own records. If you have reason to believe a will might be filed in another county, you’ll need to contact those clerks individually.

Step 6: Check Safe Deposit Boxes at All Banks

Some people have accounts at multiple banks, and safe deposit boxes at any of them. If you know the deceased banked at more than one institution, check each one.

To find out whether someone had bank accounts, look through:

• Recent bank statements (check their mail and email)
• Their checkbook
• Their tax returns (interest income is reported on Schedule B and shows which institutions paid interest)
• Their wallet or financial records

Step 7: Ask Family Members and Close Friends

Family members and close friends often know whether a will was created, even if they don’t know where it’s stored. Ask:

• Did they ever mention having a will drafted?
• Did they say anything about their wishes for their estate?
• Did they mention meeting with an attorney in the last several years?
• Did they mention keeping important documents anywhere specific?

Long-time friends, siblings, or adult children may have information that isn’t obvious to the person doing the search.

Step 8: Check for Digital Wills and Online Storage

NC adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), allowing fiduciaries to access a deceased person’s digital assets. A small number of people store their will or a copy of their will digitally, in email, cloud storage, or with an online estate planning service.

Look through the deceased’s:

• Email for messages from estate planning services or attorneys
• Cloud storage accounts (Google Drive, Dropbox, iCloud)
• Any estate planning services they may have used (LegalZoom, Trust & Will, etc.)

What Happens If No Will Is Found

After a thorough search through all of the above locations, if no will is found, you should proceed under the reasonable assumption that the deceased died intestate (without a will).

Before doing so, be thorough. The consequences of proceeding intestate when a will actually exists are significant: the estate may be distributed to the wrong people, and undoing that distribution later is legally complex and expensive.

If you are confident no will exists, the estate goes through administration (not probate). A family member (typically the surviving spouse or next of kin) petitions the Clerk of Superior Court for appointment as administrator and receives Letters of Administration. The estate is then distributed according to NC’s intestacy statutes.

See our guides on probate vs administration in NC and NC intestate succession for the full process.

What If a Will Is Found After Administration Has Started?

If administration has already begun and a will is then discovered, the situation becomes legally complicated. NC law provides a mechanism for this, but it requires careful handling.

Generally:

• The will must be filed with the court promptly upon discovery
• The court will determine whether to shift the proceeding from administration to probate
• Actions already taken under the administration may need to be reviewed

If this happens, consult an NC estate attorney immediately. The professional marketplace within Afterpath can connect you with vetted NC probate attorneys for exactly this type of situation.

What to Do Once You Find the Will

Once you locate the will, take these steps:

1. Do not alter or destroy it. Even if you dislike its contents, destroying or hiding a will is a crime in NC.

2. Make copies. Keep certified copies and store the original safely. You’ll need the original when filing with the court.

3. Read it carefully. Note who is named as executor, who the beneficiaries are, and any specific instructions.

4. File it with the Clerk of Superior Court. Under NC law, a person who possesses a will after a testator’s death is legally required to file it with the clerk, regardless of whether they intend to probate it. Failing to do so can have legal consequences.

5. Contact the named executor. If you’re not the executor, let the named person know a will has been found.

6. Begin the probate process. See our guide on how to start probate in NC for the complete step-by-step process.

How Afterpath Helps at Every Stage

Afterpath’s task management includes the will search as a specific early-stage task, with a structured checklist of all the places to look and actions to take.

Pathfinder can answer questions about what to do if the will is found in an unusual place, what to do if the will is damaged or incomplete, and how to handle the situation if multiple versions of the will are discovered.

NC compliance engine generates the correct forms once a will is found: the AOC-E-214 petition for probate, the certified death certificate requirements for your county, and any additional local requirements.

Document vault stores a scanned copy of the will and all related documents securely from the moment the will is located, ensuring the document is preserved even if the original is later misplaced.

Professional marketplace connects you with vetted NC estate attorneys for situations where the will is contested, lost, or otherwise creates complications.

Frequently Asked Questions

Q: Is there a statewide NC database of wills I can search?

A: No. North Carolina does not have a centralized, statewide registry of wills. Wills are filed with individual county clerks, and there’s no single database that covers all counties. You need to check the specific county or counties where the deceased lived.

Q: What if I find multiple versions of the will?

A: The most recently dated will that meets NC’s legal requirements is generally the valid one. However, this can be complicated if there are questions about the person’s mental capacity when they signed the later will, or if someone suspects undue influence. All versions should be preserved, and if there’s any dispute, consult an NC estate attorney before proceeding.

Q: Can a will be completely oral (no written document)?

A: NC does not recognize oral wills (also called nuncupative wills) except in extremely limited circumstances involving military personnel. For practical purposes, if there’s no written, signed document, there’s no valid will in NC.

Q: If the deceased told me they left everything to me but I can’t find a will, do I have any recourse?

A: Without a written, properly executed will, verbal statements about inheritance have no legal effect in NC. If there’s no valid will, the estate is distributed under NC intestacy law, which may not reflect what the deceased intended. An attorney could potentially argue specific performance or other equitable remedies in limited circumstances, but these are difficult cases.

Q: How does Afterpath help with the will search?

A: Afterpath’s task management system includes a systematic will search checklist as one of the very first tasks in the estate process. Pathfinder guides you through each search location and explains the legal implications of what you find. If you locate the will, Afterpath’s NC compliance engine generates all the forms needed to begin probate in your county.

Closing: Search Thoroughly Before Proceeding

The will search is not a formality. It’s one of the most consequential steps in the entire estate process. A thorough search protects everyone: it ensures the deceased’s actual wishes are honored, protects family members from disputes about what the deceased intended, and provides a legal foundation for everything that follows.

Take the time to search everywhere. Contact the attorney. Check the county clerk’s records. Ask family members. Only after a complete search should you conclude that no will exists.

Ready to start the estate process with a clear path forward?

Afterpath guides you through the will search, the probate filing, and every step from opening the estate to closing it. Your first assessment is free.

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