North Carolina Demand to Produce Copy of Will from Heir to Executor or Person in Possession of Will
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How to fill out North Carolina Demand To Produce Copy Of Will From Heir To Executor Or Person In Possession Of Will?
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FAQ
Assuming an attorney has reviewed the estate assets and has determined an estate will need to be opened for the assets to be distributed, there are fortunately statutes in place that allow the probate of a copy of the will. However extra steps will be necessary for the executor.
Once the testator has died, if that will has been filed with the probate court of the county the deceased resided in, the court will open the will and it becomes public record. The best way to view the will is to get the probate court file number. The executor can give you this information.
You must keep your Will in a safe place; however that place must be easily accessible when the document is needed! There are various ways to store your Will. Your solicitor or Will writer may store it for you at their offices.
If an original will cannot be found, a copy can be admitted to probate under certain circumstances.If the court finds by clear and convincing evidence that the will copy is a replica of the testator's original will, the court will admit the will copy and the estate will be probated.
The most likely person to hold the document is the Executor selected in the Will. For example, a client names her adult daughter as the Executor of her Will. The client gives her adult daughter the original Will and tells her that she will need to bring this to the probate court upon her death.
To get a copy of the will first contact the probate clerk in the county where the death occurred to see if it was filed and if you can get a copy. Next contact a probate attorney.
Most estate planning attorneys take on the responsibility of holding their clients' original wills and other documents. They do this for two reasons. First, they are often better equipped to keep the originals safe where they can be found when needed.
Most courts have a website. You can likely find it by typing in something like: (name of county, state) clerk of court. You will need to locate court records or something similar on the website, and then type in your decedent's first and last name.
A lot of attorneys offer to keep the original wills they prepare for their clients, at no charge. They do this so they can probate the estates of their clients. When a client dies, their children read the copy of the will and call the attorney whose name is stamped in big bold letters on the first page.
