Probating Lost Wills
What to do when you need to Probate a Lost Will? Have you ever lost something? What if you lost a will and no matter how hard you looked, you could not find it? Many clients worry that if they cannot find the original will, then they are simply out of luck. Fortunately, this situation is not as rare as you might think, and North Carolina has procedures in place so that a person may probate a will, even if it has been lost. (Sometimes wills get “lost” by a person who didn’t like what they would receive in that lost will.) To probate a lost will under North Carolina law, a person must file a...
Read MoreWhat happens if a will is Not filed in NC?
FAQ: What happens if someone refuses to file a will in NC? Answer: If the executor fails to probate the will within 60 days of the date of death of the testator (decedent/dead person), than any beneficiary or interested person in the estate may apply to be executor by giving 10 days notice to the executor. NCGS 28A-2A-2. § 28A-2A-2. Executor failing, beneficiary may apply. If no executor applies to have the will proved within 60 days after the death of the testator, any devisee named in the will, or any other person interested in the estate, may make such application, upon 10 days’...
Read More