Established in Sylva in 1951, Coward, Hicks & Siler fields five attorneys across offices in Sylva, Cashiers, and Franklin. The firm handles will probate and estate administration for families in the far western counties, including ancillary probate for people who die outside North Carolina, and brings guardianship proceedings. It also serves clients in Murphy, Waynesville, and Asheville.
What to Do When Someone Dies in Buncombe County, North Carolina
How probate works in Buncombe County: the Clerk of Superior Court record, what the process costs, and how to file there.
Probate Court Record
Buncombe County Clerk of Superior Court
Buncombe County · Superior Court District 40
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
60 Court Plaza, Asheville, NC 28801
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysAttorneys file estate documents through eCourts File & Serve. Self-represented filers may use File & Serve or file on paper at the clerk's office. The original will and any codicils are delivered to the clerk on paper and stay in the clerk's office. On paper: Self-represented filers may file on paper at the clerk's office; Original wills and codicils are delivered to the clerk on paper.
Self-represented filing
AllowedAn estate may be opened and administered without a lawyer. The statewide estate forms are on the Judicial Branch forms page.
Accepted payment
- At the counterCash, Credit card, Debit card, Money order.In person: cash, credit or debit card (MasterCard, Visa, American Express, Discover; a processing fee applies), money order or certified check; personal checks are not accepted. By mail: money order or certified check made payable to Buncombe County Clerk of Superior Court. Fees on documents filed through File STDX Serve are paid online in File STDX Serve.
Departments
- Estates1-828-259-3404Room 206 on the second floor of the courthouse.
Verified October 16, 2026 · Source
How Probate Works in Buncombe County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Buncombe County, probate runs through the Clerk of Superior Court at 60 Court Plaza, Asheville. The court sits in the Superior Court District 40.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under North Carolina intestacy law when there is no will.
Most North Carolina estates take 9 months to 12 months to move through this process. Creditors have 3 monthsNCGS §§ 28A-14-1, 28A-19-1, 28A-19-3, 28A-19-6, 28A-19-16Verified Oct 19, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Buncombe County
What probate costs in Buncombe County, North Carolina comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Clerk of Superior Court at 60 Court Plaza, Asheville. The court is part of the Superior Court District 40.
North Carolina charges $120 plus 0.4% of personal property, up to $6,120N.C.G.S. § 7A-307(a)(1), (1a), (2)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in North Carolina are negotiated, typically 2%Modeled estimate under N.C.G.S. § 28A-13-3(a)(19), § 28A-23-3(a) (attorney fees are a negotiated administration expense; no statutory schedule or percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.1%Modeled estimate under N.C.G.S. § 28A-13-3(a)(19), § 28A-23-3(a) (attorney fees are a negotiated administration expense; no statutory schedule or percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
North Carolina allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payN.C.G.S. § 28A-23-3 (clerk sets commission up to 5% on receipts/expenditures; no fixed schedule)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
North Carolina requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under N.C.G.S. § 28A-8-1Verified Sep 8, 2026View source of estate value annually.
Probate in North Carolina typically runs 9 months to 12 months, and costs accrue throughout that period.
How to File Probate at the Clerk of Superior Court
Probate cases in Buncombe County, North Carolina are filed at the Clerk of Superior Court. The court sits in the Superior Court District 40.
Beside the filing office, the court lists a separate line for Estates.
Can You File Without an Attorney?
In North Carolina, informal probate is not availableN.C.G.S. § 28A-2-1 (clerk of superior court is ex officio judge of probate), § 28A-6-1 (single application for letters; no informal/formal election)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
For a full cost comparison and filing checklist, see the Buncombe County Self-Filing Assessment.
Buncombe County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Document Requirements
What to bring to open an estate
The Estates Division lists the original will if there is one, a death certificate, the names, relationships and addresses of next of kin and beneficiaries, and the date-of-death values of bank accounts, stock, vehicles and real estate, with copies of deeds and of bank signature cards. Gifts the decedent made in the three years before death are listed as well.
SourceWhat to Bring
Filed with the opening petition at the Clerk of Superior Court: 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)N.C. Gen. Stat. 28A-6-1 (application for & grant of letters), 28A-6-2 (letters without notice), 28A-2A-1 (probate of will); 28A-7-1 (oath required before letters issue)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in Buncombe County
In North Carolina a death is registered locally, and in Buncombe County certified copies of the death certificate are issued by Buncombe County Register of Deeds, Vital Records as well as by North Carolina Department of Health and Human Services - NC Vital Records.
Vital Records Office Record
Register of Deeds
Buncombe County · Buncombe County Register of Deeds, Vital Records
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
205 College Street, Asheville, NC 28801
Website
Certified copies
At the counter
Local rule
- An in-person request carries a valid photo identification, and a certified copy goes to immediate family or an authorized agent. A mailed request carries a copy of the photo identification and the office's request form.
Certified copy fees
| First certified copy | $10 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Buncombe County · North Carolina Office of the Chief Medical Examiner
Phone
1-919-743-9000 (option 3 for family inquiries)
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
4312 District Drive, Raleigh, NC 27607
Website
Serves this county
North Carolina Office of the Chief Medical Examiner
Mail and offices
Office of the Chief Medical Examiner
3025 Mail Service Center
Raleigh, NC 27699-3025
Fax
1-919-743-9099
Verified November 2, 2026 · Source
Transferring Property in Buncombe County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Register of Deeds.
Deeds and other real property documents for Buncombe County are recorded with the Register of Deeds at 205 College Street, Asheville, NC 28801. Phone: 1-828-250-4302. Hours: Monday-Friday 8:00 AM-5:00 PM.
The Register of Deeds charges $26 for the first 15 pages plus $4 for each page beyond 15.
Buncombe County accepts electronic recording through Simplifile and CSC.
Recording Office Record
Register of Deeds
Buncombe County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
205 College Street, Asheville, NC 28801
Website
E-recording
Fees
Recording fees
| Base fee (first 15 pages) | $26 |
| Each page beyond 15 | $4 |
| Non-Standard Document Fee | $25 |
NCGS 161-10(a)(1)
Verified October 16, 2026 · Source
Probate Attorneys Serving Buncombe County
North Carolina uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Buncombe County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in North Carolina are based on reasonable compensation, billed hourly or as a flat fee. Ask a Buncombe County firm to quote a structure up front.
A probate attorney files the petition with the Clerk of Superior Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Serves Haywood, Jackson, Buncombe, Macon, and Madison counties from Waynesville. The firm guides executors and administrators through estate administration — opening the estate at the courthouse, paying creditors in the order the law requires, and filing the final accounting — and states it has done this work for over two decades. Sarah P. Wenzel handles the estate and probate work.
A Black Mountain solo office serving Buncombe County and the mountains west of Hickory. Walton Davis, certified by the North Carolina State Bar as a specialist in estate planning and probate law, assists executors and trustees through estate and trust administration — court inventories and accountings, estate liabilities, fiduciary tax returns, and distribution to beneficiaries.
An Asheville firm on College Street, formed by a 1986 merger of two local practices. Its estates and trusts team handles domiciliary and ancillary probate, estate, trust and guardianship administration, and estate tax returns and audits; its litigators take caveat proceedings. Partner Mary Robinson Hervig is a North Carolina Board Certified Specialist in Estate Planning and Probate Law.
Serves Buncombe and Henderson counties from Asheville and Hendersonville, with further offices in Raleigh and Durham. After a death the firm files the will and opens probate, handles intestate estates, guides trustees through post-death trust administration, prepares the final accounting and closing filings, and takes up disputes among beneficiaries. The firm offers a free initial consultation.
Serves Buncombe, Henderson, and the Western North Carolina mountains from Asheville and Hendersonville, with roots in the region since 1907. The Trusts, Estates and Elder Law team handles trust and estate administration, guardianships, and trust and estate disputes including will contests and trust terminations. The team includes board-certified specialists in Estate Planning and Probate Law.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
(9)·
- N.C. Gen. Stat. 28A-6-1 (application for & grant of letters), 28A-6-2 (letters without notice), 28A-2A-1 (probate of will); 28A-7-1 (oath required before letters issue)
- N.C.G.S. § 28A-2-1 (clerk of superior court is ex officio judge of probate), § 28A-6-1 (single application for letters; no informal/formal election)
- N.C.G.S. § 28A-23-3 (clerk sets commission up to 5% on receipts/expenditures; no fixed schedule)
- N.C.G.S. § 7A-307(a)(1), (1a), (2)
- NCGS §§ 28A-14-1, 28A-19-1, 28A-19-3, 28A-19-6, 28A-19-16
- NCGS 161-10(a)(1)
- Buncombe County Clerk of Superior Court, official page
- Buncombe County Register of Deeds, official page
- Buncombe County vital records and death investigation offices, official page
Data sourced from North Carolina statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in North Carolina
Free tools for settling an estate in North Carolina: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.
How Do I Settle an Estate?
Settling an estate in North Carolina: the personal representative files the estate inventory within 90 daysN.C.G.S. §§ 28A-20-1, 28A-20-3, 28A-20-4Verified Sep 15, 2026View source of appointment; creditors have 3 monthsNCGS §§ 28A-14-1, 28A-19-1, 28A-19-3, 28A-19-6, 28A-19-16Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in North Carolina happens outside court: the trustee acts under the state's Uniform Trust CodeN.C.G.S. § 36C-1-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
In North Carolina, informal probate is not availableN.C.G.S. § 28A-2-1 (clerk of superior court is ex officio judge of probate), § 28A-6-1 (single application for letters; no informal/formal election)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
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