Free North Carolina Petition for Probate

In North Carolina, the petition asks the Clerk of Superior Court to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; every appointment goes through the court.

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You & the Will

North Carolina provides an official fillable petition; we complete it for you.

State Where the Estate Will Be Probated*

The state where the decedent was domiciled. Only states where a self-represented filer can prepare this document are listed.

Did the decedent leave a will?*

Yes — there is a will (request Letters Testamentary)No — there is no will (request Letters of Administration)

Your First Name*

Middle Name

Your Last Name*

Your Relationship to the Decedent*

How you are related to the person who died. Being named executor in the will is asked separately.

Your Street Address*

City*

ZIP Code*

Email Address*

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Yes. North Carolina publishes Application for Probate and Letters Testamentary/Of Administration CTA (AOC-E-201) with a will, or Application for Letters of Administration (AOC-E-202) without, filed with the Clerk of Superior Court. E-filing is open to self-represented filers.

The petition. Letters are issued, never filled out: Clerk of Superior Court issues Letters Testamentary (with a will) or Letters of Administration (no will) after the court grants the petition. The petition asks the Clerk of Superior Court to admit the will where there is one and to appoint you, and it states who died, when and where, whether there is a will, who the heirs or beneficiaries are, and what the estate is worth.

Beside the petition, the North Carolina packet carries: Evidence of the decedent’s death — a certified or authenticated copy of the death certificate is the first of four alternatives the clerk may accept; the NC Judicial Branch tells applicants to bring a certified death certificate (N.C. Gen. Stat. 28A-6-1(c)); Original will and any codicils (offered for probate; AOC-E-201 / addendum AOC-E-309 for out-of-state probate) (N.C. Gen. Stat. 28A-2A-1); Oath / Affirmation of the personal representative (AOC-E-400) (N.C. Gen. Stat. 28A-7-1).

North Carolina's court filing fee is $120 plus 0.4% of personal property, up to $6,120, paid to the Clerk of Superior Court when the petition is filed. Publication, certified copies and any bond premium are charged separately. The North Carolina probate cost calculator sets the fee beside attorney and executor fees.

The Clerk of Superior Court reviews the petition and, where it is in order, grants it. North Carolina requires a bond before Letters issue, unless the will or the beneficiaries waive it. Clerk of Superior Court then issues the Letters. With Letters in hand the representative opens the estate account, gives creditor notice and collects the assets; the North Carolina estate settlement plan carries each step in order.

Opening Probate in North Carolina

Before anyone can act for a North Carolina estate, the Clerk of Superior Court must appoint a personal representative and issue Letters. Letters are an output of that appointment, never a form the representative completes; the document filed is the petition for probate and for Letters, and the Clerk of Superior Court issues Letters Testamentary (with a will) or Letters of Administration (no will) after the court grants it.

North Carolina publishes Application for Probate and Letters Testamentary/Of Administration CTA (AOC-E-201) with a will, or Application for Letters of Administration (AOC-E-202) without as the statewide petition; the document is that form, completed from the facts of the decedent, the estate and the heirs or beneficiaries. Signed, it is filed with the Clerk of Superior Court. E-filing is open to self-represented filers.

The petition is filed with the supporting documents the court requires. In North Carolina the packet carries: Evidence of the decedent’s death — a certified or authenticated copy of the death certificate is the first of four alternatives the clerk may accept; the NC Judicial Branch tells applicants to bring a certified death certificate (N.C. Gen. Stat. 28A-6-1(c)); Original will and any codicils (offered for probate; AOC-E-201 / addendum AOC-E-309 for out-of-state probate) (N.C. Gen. Stat. 28A-2A-1); Oath / Affirmation of the personal representative (AOC-E-400) (N.C. Gen. Stat. 28A-7-1).

The court filing fee is $120 plus 0.4% of personal property, up to $6,120, paid to the Clerk of Superior Court when the petition is filed; publication, certified copies and any bond premium are charged separately. A bond is required before Letters issue, unless the will or the beneficiaries waive it. The Clerk of Superior Court reviews the petition and, where it is in order, grants it; the Clerk of Superior Court then issues the Letters.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from North Carolina statutes and official state code. How we research.

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Free tools for settling an estate in North Carolina: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.

How Much Can an Executor Charge?

North Carolina pays executors reasonable compensation, typically 2.2% to 3.8% of the estate.

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Can I Self-File Probate?

In North Carolina, informal probate is not available, so self-filing means a formal court petition rather than a registrar filing.

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How Do I Get Appointed as Executor?

In North Carolina, the Clerk of Superior Court appoints the personal representative and the Clerk of Superior Court issues Letters Testamentary or Letters of Administration; every appointment goes through the court.

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In North Carolina, creditors have 3 months from first publication of the creditor notice to present claims; late claims are barred.

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What Happens When an Estate Is Insolvent?

When an estate owes more than it holds, North Carolina pays the claims in 10 classes in statutory order, beginning with costs and expenses of administration (pre-class, paid before all classes).

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North Carolina Estate Settlement Resources

In-depth guides covering North Carolina probate, estate administration, and settling an estate.

Free North Carolina Petition for Probate

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Opening Probate in North Carolina

Free North Carolina Petition for Probate

You & the Will

Is this your situation?

Named as Executor

Death of a Parent

Loss of a Spouse

Forms for Settling an Estate in North Carolina

Notice to Creditors

Renunciation of Executor

Small Estate Affidavit

Estate Inventory

Estate Closing

Letter of Instruction

Digital Assets Recovery Letter

Tools for Settling an Estate in North Carolina

How Much Can an Executor Charge?

Can I Self-File Probate?

How Do I Get Appointed as Executor?

What Are the Creditor Claim Deadlines?

What Happens When an Estate Is Insolvent?

How Do I Open an Estate Account When Someone Dies?

What Is the Estate's Personal Property Worth for Probate?

Hire a North Carolina Probate Attorney

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North Carolina Estate Settlement Resources

Free North Carolina Petition for Probate

You & the Will