North Carolina Probate Courts: A Complete Guide to Superior Courts, eCourts, and Finding Your County Clerk

NC Deep Dives 16 min read

Settling an estate in NC? Afterpath guides you through probate step by step — $199 vs $10,000+ attorney fees.

Starting probate in North Carolina should be straightforward: you find the right courthouse, file your paperwork, and get moving. But it’s not that simple. Every one of North Carolina’s 100 counties has its own courthouse with its own clerk, and each handles probate matters on its own schedule with its own procedures. You need to know: Where exactly does probate get filed? How do you submit documents? What’s this “eCourts” system everyone mentions? And how do you find the clerk of superior court for your county?

This guide cuts through the confusion and gives you the exact information you need to file probate in North Carolina, no matter which county you’re dealing with.

Afterpath’s NC compliance engine has the courthouse locations, phone numbers, filing fees, and eCourts access information for all 100 NC counties pre-loaded into our system. When you enter your county, we automatically populate your specific court requirements, deadlines, and forms. Our AI guide Pathfinder can answer questions about your county’s specific procedures. And when you’re ready to file, our system generates court-ready AOC forms pre-filled with your information.

Understanding North Carolina’s Probate Structure

North Carolina has no separate probate courts. Instead, probate matters are handled by the Superior Court in each county. The Superior Court judge oversees estate administration, and the Clerk of Superior Court manages the day-to-day probate work: accepting filings, issuing letters testamentary, managing creditor claims, approving accountings, and providing forms.

Why this matters: When you file probate, you’re not going to a probate-specific office. You’re filing with the Clerk of Superior Court in the county courthouse, the same office that handles civil lawsuits, criminal matters, and property records.

Which County Has Jurisdiction?

Probate is filed in the county where the deceased lived at the time of death. This is called the “county of domicile.”

Example: If your mother died while living in Wake County (Raleigh), you file probate in Wake County. If she owned real property in a different NC county (say, a house in Buncombe County), you may need to file separately in that county, called “ancillary probate”, but the primary probate is in Wake County.

If the deceased lived out of state but owned NC real property:

File probate in the NC county where the property is located. This is ancillary probate and follows a simpler procedure (often just collecting the property, not managing the full estate).

If you’re unsure which county to file in:

Contact the Clerk of Superior Court in the county where the deceased lived. They can confirm jurisdiction.

Finding Your County’s Clerk of Superior Court

All 100 NC counties have Superior Courts with clerk offices. Here’s how to find yours:

Online resource: Visit the Administrative Office of the Courts’ website (aoc.nc.gov) and use their courthouse locator tool. Enter your county, and it provides:

Address of the courthouse
Phone number for the clerk
Hours of operation
eCourts access information

Direct contact: Call directory assistance or search “[County Name] Clerk of Superior Court” in Google Maps. Every county clerk’s office is publicly listed.

County government websites: Most NC counties post clerk contact information on their official county website (e.g., “Wake County Clerk of Superior Court”).

Important phone numbers to save:

Clerk of Superior Court main line (for general questions)
Probate/Estate division (often a separate phone line)
Recording fee information (for real property recordings)

Understanding North Carolina’s Superior Court System

North Carolina organizes its 100 counties into judicial districts for administrative purposes. This doesn’t change where you file (always the clerk in your county), but it explains the court structure.

Judicial districts include:

Coastal Plain districts (Districts 1-8): Eastern NC counties
Piedmont districts (Districts 9-25): Central NC counties
Mountain districts (Districts 26-30): Western NC counties

Within each district, Superior Court judges rotate to handle cases. Most probate matters don’t require a judge, the clerk handles them. But if disputes arise (will contests, creditor objections, guardian disputes), the resident Superior Court judge in your district resolves them.

Why you need to know this: If your probate matter escalates to a judge (will contest, for example), cases are heard by the resident judge serving your district. You don’t choose the judge, and you can’t move the case to a different county.

The NC eCourts / Guide & File System

North Carolina’s electronic filing system is called eCourts (also referred to as the “Guide & File System” for specific transaction types). This is the statewide system for submitting probate forms electronically.

What is eCourts?

eCourts is North Carolina’s modernized court filing system. Instead of walking into the courthouse with paper, you submit most probate forms electronically through a secure portal. The clerk receives your filing electronically, processes it, and issues electronic documents.

Who can use eCourts:

Attorneys (required to use eCourts for professional practice)
Self-represented litigants (individuals handling their own cases)
Anyone preparing forms for filing

How eCourts works:

Create an account – Visit ecourts.nccourts.net and register. You’ll provide your name, email, and county.
Prepare your documents – Form 1040 (petition), will, death certificate, etc. These can be prepared in Microsoft Word or using NC’s official AOC forms.
Upload and submit – Log into eCourts, navigate to your county, and upload your documents. You’ll pay filing fees electronically.
Get confirmation – eCourts sends you confirmation of receipt. The clerk reviews and processes your filing.
Receive documents back – The clerk returns electronically issued letters, court orders, and other documents through eCourts.

Benefits of eCourts:

Faster processing – Electronic submissions are processed in 2-3 business days (vs. 1-2 weeks for paper filings)
Available 24/7 – Submit documents anytime; clerks review during business hours
Secure – Encrypted submission with confirmation receipts
Accessible – No need to travel to the courthouse for routine filings
Records available online – You can access filings and clerk’s responses through eCourts

Limitations of eCourts:

Not all documents can be e-filed – Some counties still require original documents (original wills, death certificates, signature pages) to be mailed or hand-delivered
Learning curve – First-time users may find eCourts confusing
Not all counties are fully online – Some smaller counties have limited eCourts functionality
Technical issues – Rare, but system outages do occur

County-by-county eCourts availability:

As of 2024, all 100 NC counties support eCourts, but with varying functionality:

Full eCourts access: Wake, Mecklenburg, Durham, and most urban counties (can submit documents entirely online)
Limited eCourts access: Some rural counties (can submit forms online but may require mail-in certified copies)

Before filing, contact your county clerk to ask:

“Can I submit my probate petition electronically through eCourts?”
“What documents must be original/certified vs. scanned copies?”
“How long does processing take?”

The AOC Forms You’ll Use

North Carolina’s Administrative Office of the Courts publishes standardized probate forms that are used statewide. These are the forms you’ll submit.

Key probate forms:

AOC E-100 – Petition for Probate of Will and for Appointment of Executor (the main form to start probate)
AOC E-101 – Petition for Appointment of Administrator (when there’s no will)
AOC E-200 – Inventory and Appraisement (accounting of estate assets)
AOC E-201 – Intermediate Account (if the estate stays open beyond 12 months)
AOC E-203B – Application for Discharge (request to close the estate)
AOC E-400 – Order for Creditor Notice (initiates the creditor notification process)

All AOC forms are available at aoc.nc.gov/forms. You can download them, complete them by hand or in Microsoft Word, then submit through eCourts or to the clerk.

Important: Use the most current version of each form. Outdated forms are rejected by clerks.

Filing Fees

Filing probate in NC requires paying fees to the Clerk of Superior Court. Fees vary slightly by county but are generally:

Petition for probate (with will): $200-300
Petition for administration (without will): $250-350
Inventory filing: $25-50
Final account/discharge: $50-100
Certified copies of letters testamentary/administration: $5-10 per page

Total cost to open probate and obtain initial letters: $250-400 (varies by county)

Payment methods:

Online through eCourts (credit/debit card; eCourts charges a small processing fee)
Check or money order (if filing by mail)
In-person cash or card (if visiting the courthouse)

If you cannot afford fees: Some counties waive or reduce fees for low-income estates. Ask the clerk about fee waiver procedures.

Budget tip: Set aside $400-500 for initial probate filing costs. This is the baseline for any NC estate.

County-Specific Differences

While NC has a statewide probate code, each county clerk implements procedures with local variations.

What varies by county:

eCourts functionality – Some counties require mailed certified documents; others accept all electronic submissions
Processing times – Large urban counties (Wake, Mecklenburg) issue letters in 3-5 business days; rural counties may take 10-14 days
Staffing and availability – Large counties have dedicated probate staff; small counties may have one clerk handling everything
Local rules – Some counties have specific requirements for how documents are formatted or submitted
Phone accessibility – Some clerks’ offices are easier to reach than others

Why this matters: An executor in Wake County may have a very different experience than one in a rural county. Afterpath’s system accounts for these variations.

How to File Probate: Step-by-Step

Step 1: Gather required documents

Original will (if exists)
Original death certificate
Information about estate assets and liabilities
Information about heirs and beneficiaries

Step 2: Locate the Clerk of Superior Court

Go to aoc.nc.gov/courts
Find your county
Note the address, phone number, and contact info

Step 3: Decide: eCourts or paper filing

Call the clerk and ask: “Can I file probate electronically?”
If yes, use eCourts
If no, prepare to mail or visit in person

Step 4: Complete AOC forms

Download AOC E-100 (or E-101 if no will) from aoc.nc.gov/forms
Complete the form with:
- Your name, address, and contact info as executor
- Deceased person’s name, death date, and address
- Will information (if applicable)
- Asset summary
- Heirs and beneficiary information
If unsure about completing the form, call the clerk, they can answer questions

Step 5: Gather supporting documents

Certified copy of death certificate
Original will (if exists)
Any other documents the clerk requests

Step 6: File and pay

eCourts: Log in, upload forms, pay fees, submit
Paper: Mail forms with payment, or visit in person
Keep confirmation of filing and payment

Step 7: Receive letters testamentary/administration

eCourts: Receive electronically in 3-5 business days
Paper: Receive by mail in 7-14 days
The clerk issues these automatically once your petition is approved

Special Situations and Questions for Your Clerk

Before you file, consider calling your county clerk’s probate division with these questions:

Standard questions:

“What forms do I need to file probate with a will?”
“What is your current processing time for letters testamentary?”
“Can I file and pay fees online through eCourts, or must I come in person?”
“Do you require certified copies of documents, or are scans acceptable?”

Situational questions:

“Can I file probate electronically if I’m the executor and out of state?” (Usually yes)
“What is the filing fee, and what payment methods do you accept?”
“If I need an attorney, can the court recommend one?” (Court can provide referrals; see NC State Bar Lawyer Referral Service)
“How do I set up a creditor notice once my probate is open?” (Clerk can guide this)

NC eCourts-specific questions:

“What types of documents can I file through eCourts?” (Usually all forms; often requiring mailed certification of death certificate)
“Can I pay filing fees through eCourts?” (Usually yes)
“How do I access my filed documents after submission?” (Through eCourts portal)

All 100 NC County Clerks: Quick Reference

Each of NC’s 100 counties has a Clerk of Superior Court. Rather than listing all 100 here (it would be extremely long), here’s how to find them all:

Online court locator: aoc.nc.gov/courts (most complete, with addresses, phone, hours)

Organized by judicial district:

District 1 (Northeast): Pasquotank, Perquimans, Camden, Currituck District 2 (East): Chowan, Gates, Northampton, Hertford District 3 (Coastal Plain): Pitt, Wilson, Nash, Edgecombe District 4 (Piedmont): Vance, Granville, Warren, Franklin

[And so on through District 30 (Western Mountain)]

Major counties and courthouse locations:

Wake County: Raleigh – Multiple Superior Court buildings; clerk’s office downtown
Mecklenburg County: Charlotte – Justice Center on Trade Street; advanced eCourts system
Durham County: Durham – Courthouse on East Main; fast electronic processing
Guilford County: Greensboro – Courthouse downtown
Wake, Durham, Mecklenburg, Guilford: Generally fastest processing and best eCourts access

The Role of the Clerk of Superior Court in Probate

The clerk is your primary contact for almost everything in probate.

The clerk’s responsibilities:

Accept filings – Receive your probate petition and supporting documents
Issue letters – Generate letters testamentary or letters of administration
Manage deadlines – Track the 60-day will filing deadline, 90-day creditor notice deadline
Accept creditor claims – Receive claims from creditors for estate debts
Approve accountings – Review your inventory and final accounting
Issue discharge – Close the estate and release you from liability

You’ll interact with the clerk multiple times during probate:

Filing petition and receiving letters (first interaction)
Publishing creditor notice (clerk manages this)
Submitting inventory (clerk reviews)
Filing final account and requesting discharge (clerk approves)

The clerk is not an attorney and cannot give legal advice, but they can:

Explain probate procedures
Answer questions about forms
Tell you what documents are required
Explain filing fees and timelines

If you’re unsure about something, call the clerk’s probate division. They want to help and are used to answering questions from people handling their own estates.

Using NC’s eCourts as a Self-Represented Person

If you’re handling probate yourself (not using an attorney), eCourts is your tool for filing and managing your case.

Setting up eCourts access:

Visit ecourts.nccourts.net
Click “New User Registration”
Enter your email and create a password
Select “Self-Represented” as your category
Choose your county
Confirm and access your account

Filing your first document:

Log into eCourts
Select your county
Look for “New Case” or “File Document”
Choose “Probate/Estate” as the case type
Upload your AOC E-100 (petition)
Upload supporting documents (will, death certificate)
Review for errors
Pay filing fees (online, via card)
Submit

After submission:

You’ll receive confirmation email
The clerk reviews within 2-3 business days
The clerk issues letters and uploads them to eCourts
You log in to download your letters testamentary/administration
You now have the authority to manage the estate

eCourts tips:

Save all confirmation numbers and dates
Check eCourts regularly for clerk’s responses
Use eCourts to file your inventory, account, and final discharge
Keep all eCourts documents for your records

When You Need Professional Help

Some executors handle probate filing themselves. Others work with an attorney. Both are legitimate.

DIY probate works for:

Simple estates (no will contests, straightforward assets, few heirs)
Estates under $100,000
No creditor disputes
Clear direction from the will

Consider an attorney if:

The estate exceeds $250,000
There are multiple properties or complex assets
Someone contests the will
There’s significant debt or creditor disputes
You’re unsure about your authority or procedures

NC State Bar Lawyer Referral Service: 1-800-662-7160 (or visit ncsbar.org)

FAQ

Q: Do I have to file probate in North Carolina if the deceased lived here but owned property elsewhere?

A: Not necessarily. If the deceased had no NC property, no Will filed in NC, and lived out of state, you might not file NC probate. However, if they owned NC real property, you typically must file probate or ancillary probate in NC. Contact the NC clerk in the county where the property is located.

Q: Can I file probate online entirely, or do I have to visit the courthouse?

A: Most NC counties now allow entirely online filing through eCourts. You don’t have to visit the courthouse. However, some counties require mailed or in-person delivery of original documents (like the original will and certified death certificate). Call your clerk to confirm what can be done online.

Q: How long does it take to get letters testamentary after I file?

A: Typically 3-5 business days if you file through eCourts in an urban county; 7-14 days if you mail forms to a rural county. Rush processing may be available for extra fees. Call your clerk and ask about expedited processing if you need letters quickly.

Q: What if I’m out of state and can’t visit the courthouse in person?

A: No problem. eCourts allows you to file entirely online from anywhere. You can also mail documents to the clerk. Never required to appear in person unless there’s a court hearing (rare in routine probate).

Q: The clerk’s office seems confused about what I’m filing. What should I do?

A: Call back and ask for the probate/estate division specifically. Clerks’ offices are busy, and general staff may not understand your question. Probate-specific clerks are more helpful. If you’re still unsure, speak with a brief-service attorney or call Afterpath’s Pathfinder for guidance.

Q: How much does probate cost in my county?

A: Call your clerk and ask about filing fees. Standard fees range $250-400 for opening probate. Additional costs vary (attorney fees if you hire counsel, accounting fees, etc.), but the clerk’s fee is fixed.

Q: Can Afterpath help me understand my county’s specific probate procedures?

A: Yes. Pathfinder, Afterpath’s AI guide, has information about all 100 NC counties’ procedures, filing requirements, and eCourts access. Enter your county, and Pathfinder explains exactly what you need to do and where to file.

Closing Thoughts

Filing probate in North Carolina is manageable once you know where to go and what’s required. The clerk’s office is there to help. The eCourts system makes filing easier. And the statewide AOC forms are standardized so you can use the same document in any county.

You don’t have to be a lawyer to navigate this. Thousands of North Carolinians file their own probate every year. Understand the basic structure, find your county, contact the clerk, gather documents, file through eCourts, and receive letters. From there, the rest of probate administration follows established procedures.

Dealing with probate while grieving is one of life’s hardest challenges. You don’t have to figure it out alone.

Afterpath was built for exactly this moment – to turn the overwhelming chaos of estate settlement into a clear path forward. Our AI guide Pathfinder knows the specifics of your county’s court system, our compliance engine generates court-ready forms pre-filled with your information, and our task system tracks every filing deadline so nothing slips through the cracks.

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