North Carolina Probate Court

Probate is the legal avenue to administer a decedent's estate. The probate process serves the purpose of paying off debts and distributing assets to heirs. Each state has its process of probate and North Carolina's is unique to other states because the Clerk of Superior Court in every county also serves as the probate judge. The Clerk of Superior Court supervises the administration of probate. In addition, North Carolina allows small estates to use a simplified process that saves heirs costs and time.

How the Probate Process Works in North Carolina

Probate officially begins when an interested person submits a petition to the Superior Court Clerk in the county where the deceased lived. If there is a valid will, the executor is formally appointed, and the will is submitted for probate. In the absence of a will, the court chooses an administrator. The executor or administrator is responsible for informing heirs and creditors. They also file an inventory of assets, pay debts and taxes, and distribute the remaining estate.

Both full estate administration and streamlined processes are accepted in North Carolina. Probate often takes six months to a year, depending on the complexity of the estate and whether there are any disputes.

What Are the Costs of Probate in North Carolina?

Probate costs include filing fees, fees for the personal representative, and fees for attorneys. In North Carolina, filing fees vary substantially depending on the size of the estate and are typically calculated based on the estate's total value. The regular filing fee schedule in North Carolina, for example, is $120 for an estate value of up to $10,000 plus $4 for every $1,000 exceeding $10,000. Personal representatives are also compensated reasonably (typically capped at 5% of the value of the estate).

Additionally, although attorney fees vary in each case, they are generally paid on an hourly basis. There may be other costs, for example, publication costs, appraisal costs, and certified copy fees.

Types of Probate Cases in North Carolina

Probate in North Carolina can take several forms, including the following:

• Testate Probate: When the decedent left a valid will.
• Intestate Probate: When no will exists, assets are distributed under state law.
• Summary Administration: A simplified process available when a surviving spouse is the sole heir.
• Small Estate Affidavit: If personal property is valued under $20,000 (or $30,000 for a surviving spouse), heirs may use an affidavit to collect assets without full probate.
• Full Estate Administration: Required for larger or contested estates.

North Carolina Probate Court Forms and Filing Instructions

Probate forms are available from the clerk's office in each county or on the website of the North Carolina Judicial Branch. Common forms found in North Carolina include petitions for probate, applications for summary administration, inventories, and accountings. Before filing, applicants should speak with the local Clerk of Superior Court, as procedures may differ slightly.

How North Carolina Probate Courts Work at the County Level

Each of the 100 counties in North Carolina has a Clerk of Superior Court who handles probate cases. Although statewide probate laws are applicable, local resources and procedures vary from county to county. The top 10 Clerk Offices by county population are listed below:

• Wake County Clerk of Superior Court (Raleigh) – This Office is one the busiest probate offices in the state. It offers online guidance and in-person assistance.
• Mecklenburg County Clerk of Superior Court (Charlotte) – Mecklenburg County has an extensive probate caseload. The Clerk of Court offers online docket access.
• Guilford County Clerk of Superior Court (Greensboro/High Point) – Guilford County provides probate services at multiple courthouse locations. It is open to the public from 8:30 a.m. to 5:00 p.m.
• Forsyth County Clerk of Superior Court (Winston-Salem) – This Office offers both summary and full probate services. E-court filing is available here.
• Cumberland County Clerk of Superior Court (Fayetteville) – Cumberland County offers eCourt services. Probate records are available at the clerk’s office.
• Durham County Clerk of Superior Court – This office provides small estate affidavit services and probate resources. This Clerk of Court Office also provides eCourt Guide and File service.
• Buncombe County Clerk of Superior Court (Asheville) – The Office handles both informal probate and contested estate cases. It also offers Guide and File service
• Union County Clerk of Superior Court (Monroe) – This office offers eCourt filing services. Probate assistance is available through this office.
• New Hanover County Clerk of Superior Court (Wilmington) – Probate filings in this office are supported by online forms and clerk guidance. The office provides probate forms online.
• Gaston County Clerk of Superior Court (Gastonia) – The office’s probate division operates within the county courthouse. This office also provides online forms for probate matters

How to Search Probate Records in North Carolina

The Clerk of Superior Court in each county keeps probate records, which are accessible to the public. These records include the name of the decedent, the executor or administrator, the list of heirs, the estate inventory, and the case number. While some counties require in-person requests at the courthouse, many offer online access through the North Carolina Court System's case search portal, and certified copies are available for a fee, but sealed or restricted records are not.