New Hanover County Probate Guide: Filing in Wilmington, NC

County Guides 10 min read

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

Navigating Probate in New Hanover County, NC

Wilmington and the surrounding coastal communities draw people from across the country who want to spend their later years near the water. The result is a county with a significant retiree population, and with that comes a steady and meaningful need for thoughtful estate settlement.

If you’re here because someone you love has passed away and you need to understand the probate process in New Hanover County, this guide is for you. The process is more structured than it might appear at first, and once you understand each step, it becomes a matter of working through the checklist with care rather than navigating an impenetrable bureaucratic maze.

This guide covers the New Hanover County Clerk of Superior Court’s details, filing fees, the full step-by-step process, and practical tips for Wilmington-area estates. Whether the estate involves a beachfront property on Wrightsville Beach, a modest home in Ogden, or a mix of financial accounts and personal property, the framework here applies.

New Hanover County Clerk of Superior Court

The Clerk of Superior Court for New Hanover County handles all probate and estate filings. The office is located inside the main county courthouse in historic downtown Wilmington.

Courthouse Address: 316 Princess St Wilmington, NC 28401

Phone: (910) 341-1000

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

Downtown Wilmington has parking available in several city-operated decks and on-street metered spaces. The Water Street Parking Deck and the Hanover Street Parking Deck are within walking distance of the courthouse. The historic district can be busy, particularly in warmer months when tourist traffic peaks, so plan extra time for parking if you’re visiting between April and October.

The Clerk’s office staff are knowledgeable about procedural requirements and can direct you to the right forms. They are not permitted to give legal advice, however. If your estate involves contested provisions, significant real estate, or out-of-state assets, a Wilmington probate attorney can help you avoid costly errors.

Filing Requirements and Fees in New Hanover County

North Carolina uses standardized AOC forms across all 100 counties. The forms used in New Hanover County are the same ones used statewide. Our NC AOC forms guide has the complete breakdown.

What to Bring

The original will and any codicils (amendments to the will)
A certified copy of the death certificate (not a photocopy)
A list of all heirs and their addresses
An approximate asset inventory with estimated values
Your government-issued photo ID

If the decedent owned coastal or waterfront property, it’s worth gathering any documentation about title, flood zone designations, and any deed restrictions. Waterfront properties can have additional complications in the inventory and transfer process.

Filing Fees

North Carolina’s probate filing fees are set by state law and tied to the value of personal property in the estate:

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 (capped at $6,000)

These fees are paid directly to the New Hanover County Clerk of Superior Court at filing. Call ahead to confirm which forms of payment are accepted. For a complete overview of estate costs beyond court fees, see our guide on how much probate costs in North Carolina.

Step-by-Step Probate Process in New Hanover County

Step 1: Assess Whether Probate Is Necessary

Many assets pass outside of probate entirely. Life insurance with a named beneficiary, retirement accounts with a designated beneficiary, joint bank accounts with survivorship rights, and assets held in a revocable living trust all transfer automatically to the named individuals without court involvement.

In New Hanover County, where many residents are retirees who have done estate planning, a significant portion of assets may already be structured to avoid probate. Review all accounts and policies before assuming full probate is required.

North Carolina’s small estate affidavit process is available for estates with personal property under $20,000 (or $30,000 if the surviving spouse is the sole heir). If this applies to your situation, the process is considerably simpler than standard probate. See our guide on how to start probate for more detail.

Step 2: File the Application for Probate

Visit the Clerk’s office at 316 Princess St with the original will, death certificate, and your identification. File Form AOC-E-201 (Application for Probate and Qualification of Executor). Pay the filing fee. The Clerk reviews the will for legal validity under North Carolina law, and the estate is opened with an assigned file number.

Step 3: Qualify as Executor or Administrator

The person named as executor in the will must appear before the Clerk and take an oath of office. If there is no will, or the named executor cannot serve, the Clerk appoints an administrator, usually the surviving spouse, followed by adult children or other heirs.

The Clerk issues Letters Testamentary (or Letters of Administration) upon qualification. These official documents give you the legal authority to manage estate assets, open estate bank accounts, communicate with financial institutions, and take the other actions needed to settle the estate.

Step 4: Publish Notice to Creditors

You must publish a notice to creditors in a newspaper of general circulation in New Hanover County. The Wilmington Star-News is commonly used for this purpose. The notice runs once per week for four consecutive weeks.

Creditors have 90 days from the first publication to file claims. Known creditors must also receive direct written notice. During this period, you should also be gathering documentation on all outstanding debts, mortgages, and obligations.

Step 5: File the Estate Inventory

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

For coastal properties, use a current appraisal or comparable sales data to support your valuation. The New Hanover County Tax Assessor’s office can provide assessed values, though fair market value may differ.

Step 6: Pay Debts, Taxes, and Expenses

Before distributing anything to heirs, satisfy all valid creditor claims, administrative expenses, and applicable taxes. North Carolina does not impose a state estate tax, but the federal estate tax applies to estates above the federal exemption level.

The decedent’s final income tax return must be filed. If the estate generates income during administration (interest, dividends, rental income), an estate income tax return (Form 1041) may also be required.

Step 7: Distribute Assets to Heirs

Distribute the remaining estate assets per the will’s instructions, or per North Carolina intestacy law if there is no will. Obtain a signed receipt from each beneficiary at the time of distribution. These receipts become exhibits to your final accounting.

Step 8: File the Final Account and Close the Estate

Submit the final account to the New Hanover County Clerk. The account must reflect all assets received, all payments made, and all distributions to beneficiaries. After the Clerk’s review and approval, the estate is formally closed.

Simple estates in New Hanover County typically close in six to twelve months. Estates with real property requiring appraisal, tax complications, or creditor disputes may extend that timeline.

Local Resources and Tips for New Hanover County Estates

Legal Aid of North Carolina (Wilmington Office) offers free legal services to income-qualified residents throughout the Wilmington area. If the estate has limited funds, this organization can help close legal guidance gaps.

New Hanover County Register of Deeds (216 N 2nd St, Wilmington, NC 28401, phone: (910) 798-4530) handles real property records. Transferring real estate out of the estate requires filing appropriate deeds with this office.

New Hanover County Tax Assessor can provide property valuation records for estate inventory purposes, though you may want a formal appraisal for coastal or high-value properties.

Practical Tips:

Order at least ten certified death certificates upfront. Financial institutions, the Social Security Administration, pension administrators, and the Register of Deeds all require certified copies.
Wilmington’s coastal real estate market can be volatile. For properties near the waterfront or in flood zones, a licensed appraiser’s valuation is more defensible than tax assessment values.
Be aware of flood insurance policies tied to real property. These policies may be in the decedent’s name and may need to be transferred or maintained during the estate’s administration if the property is being held before sale or distribution.
New Hanover County participates in North Carolina’s eCourts initiative. For information on what filings and case access are available digitally, see our eCourts guide.

How Afterpath Helps New Hanover County Executors

Afterpath is an AI-powered probate platform built for North Carolina families, and it’s particularly well-suited for coastal county estates where property valuations and asset complexity can add layers to an already detailed process.

Pathfinder, Afterpath’s conversational AI assistant, is available 24/7 to answer your questions about the New Hanover County process. Whether you’re wondering about the creditor notice deadline, how to handle a jointly-held beach cottage, or which AOC form comes next, Pathfinder provides clear, North Carolina-specific guidance whenever you need it.

The NC compliance engine keeps you on track with North Carolina’s statutory deadlines and county-specific requirements. It automatically generates a compliance checklist tailored to your estate’s particulars, so nothing slips through the cracks.

Afterpath’s document vault gives you a secure, organized place to store every estate document, from the will and death certificates to property appraisals, creditor correspondence, and signed beneficiary receipts. When it’s time to file your final accounting, everything is in one place.

The task management system transforms the entire probate process into a clear sequence of tasks with built-in deadlines. Instead of keeping the whole process in your head or scattered across sticky notes, Afterpath tracks your progress and tells you what comes next.

Frequently Asked Questions

How long does probate take in New Hanover County? Most straightforward estates wrap up in six to twelve months. Estates with coastal real estate, contested wills, or creditor disputes can take longer. The creditor notice period alone takes at least four months to run its course.

Do I need an attorney to probate an estate in Wilmington, NC? No. North Carolina law does not require an attorney for probate proceedings. Many executors handle the process themselves. If the estate is large, involves complicated real property, or is contested, however, a Wilmington probate attorney’s guidance is well worth the cost.

What happens if the estate includes a property in a flood zone? Properties in flood zones require flood insurance to remain insured. As executor, you’ll want to notify the insurance company of the owner’s death, ensure the policy stays in force during administration, and disclose flood zone status to any beneficiaries or buyers.

Can I handle the New Hanover County probate process online? New Hanover County is part of North Carolina’s eCourts system. Some case management functions are available online. See our eCourts filing guide for the latest on digital capabilities.

What if the decedent owned a boat or watercraft? Watercraft are personal property and must be included in the estate inventory. Registered vessels may require a title transfer through the NC Wildlife Resources Commission.

Can Afterpath help me manage a New Hanover County estate? Yes. Afterpath’s platform is built specifically for North Carolina estates. Pathfinder, the NC compliance engine, and the task management system work together to guide you through every step of the process, from opening the estate to filing the final account.

Start With Confidence. Afterpath Is Ready.

Settling an estate in Wilmington takes time, attention, and a clear understanding of North Carolina’s process. Afterpath provides the tools to do it right, without requiring you to be a lawyer or an accountant.

With Pathfinder answering your questions around the clock, the NC compliance engine tracking every deadline, and the document vault keeping your records organized, Afterpath brings clarity to a process that can otherwise feel chaotic.

Join the Afterpath waitlist and get early access to the platform that’s changing how North Carolina families handle probate.

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

Ready to make this easier?

Afterpath guides you through every step of the probate process.

Join the Waitlist