Free North Carolina Petition for Probate

How to open probate in North Carolina: petition the Clerk of Superior Court and request Letters Testamentary or Letters of Administration. N.C. Gen. Stat. 28A-6-1.

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You & the Will

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

Opening probate?The whole estate, start to finish.

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*

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Frequently Asked Questions About North Carolina Probate Petitions

In North Carolina, you file a petition with Clerk of Superior Court to open probate. Clerk of Superior Court issues Letters Testamentary (with a will) or Letters of Administration (no will) once the court grants the appointment. See how appointment works in North Carolina.

You cannot fill out Letters — they are issued by the court. The document you prepare and file is the petition (or application) for probate and for Letters. This tool prepares that petition for North Carolina.

Yes. North Carolina publishes a statewide fillable form, which this tool completes for you. After downloading, review and sign it, then file it with Clerk of Superior Court.

North Carolina requires a bond by default before Letters issue, unless the will waives it or the beneficiaries waive it in writing. N.C. Gen. Stat. 28A-8-1; 28A-8-2

North Carolina offers probate e-filing. eCourts File & Serve (e-filing) is mandatory for attorneys and optional for self-represented filers, who may still file on paper at the Clerk of Superior Court. The county-by-county rollout is COMPLETE — eCourts went live in all 100 counties on October 13, 2025 — so File & Serve is available statewide. eCourts Guide & File offers free guided interviews that generate the documents for Small Estate Administration, Summary Administration, and Year’s Allowance — but NOT full-estate executor/administrator qualification, which uses the fillable AOC-E-201 / AOC-E-202 PDFs.

Along with the petition, North Carolina typically requires: Certified copy of the death certificate; Original will and any codicils; Oath / Affirmation of the personal representative; Renunciation of Right to Qualify; Appointment of Resident Process Agent.

Opening Probate in North Carolina

Before anyone can act for a North Carolina estate, Clerk of Superior Court must appoint a personal representative and issue Letters. Letters are the court's output — you can't fill them out. The document you file is the petition for probate and for Letters (N.C. Gen. Stat. 28A-6-1).

North Carolina publishes an official statewide petition form. This tool completes that form for you from a few questions about the decedent, the estate, and the heirs or beneficiaries. After downloading, you sign it and file it with the court in the county where the decedent lived.

You file the petition together with the supporting documents the court requires — typically a certified death certificate and, where there is a will, the original will. North Carolina requires a bond before Letters issue unless it is waived by the will or by the beneficiaries. The court reviews the petition and, if it is in order, grants it and directs that Letters issue.

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Frequently Asked Questions About North Carolina Probate Petitions

Yes. North Carolina publishes a statewide fillable form, which this tool completes for you. After downloading, review and sign it, then file it with Clerk of Superior Court.

North Carolina requires a bond by default before Letters issue, unless the will waives it or the beneficiaries waive it in writing. N.C. Gen. Stat. 28A-8-1; 28A-8-2

Opening Probate in North Carolina

Free North Carolina Petition for Probate

You & the Will

Frequently Asked Questions About North Carolina Probate Petitions