Petition for Probate of Will and for Letters Testamentary - North Carolina

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

In North Carolina, probate of a will and qualification of the executor is an administrative
proceeding before the Clerk of Superior Court (the judge of probate), commenced on the
official Administrative Office of the Courts form AOC-E-201 (Application for Probate and
Letters Testamentary / of Administration CTA), with the Preliminary Inventory on the
reverse. This template organizes the substantive content — but you must transfer your
content to the official AOC-E-201 form before filing. The official form is available at
https://www.nccourts.gov/documents/forms/application-for-probate-and-letters-testamentary-of-administration-cta.
Do not file this document directly with the Clerk.

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

STATE OF NORTH CAROLINA, COUNTY OF [COUNTY] — IN THE GENERAL COURT OF JUSTICE, SUPERIOR COURT DIVISION, BEFORE THE CLERK

TABLE OF CONTENTS

1. Caption and Case Information
2. Applicant (Petitioner) Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees and Beneficiaries Under the Will
7. Persons Entitled to Share in the Estate / Notice
8. Qualification and Priority of Executor
9. Bond
10. Prayer for Relief
11. Verification (Affidavit of Applicant)
12. Notice / Certificate of Service
13. Attachments Checklist

1. CAPTION AND CASE INFORMATION

IN THE MATTER OF THE ESTATE OF:

[DECEDENT FULL LEGAL NAME], also known as [AKA, if any], Deceased.

2. APPLICANT (PETITIONER) INFORMATION

The undersigned, applying for probate and for letters in the above estate, being first duly sworn, says:

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent was domiciled in [COUNTY] County at the time of death, ☐ or left property or assets in this county, ☐ or was a nonresident motorist who died in North Carolina. No other proceeding for probate or administration of this estate is pending in any jurisdiction. (N.C. Gen. Stat. § 28A-2A-5(1).)

b. The Clerk of Superior Court of [COUNTY] County has jurisdiction over the probate of the Will and the issuance of Letters to the personal representative. (N.C. Gen. Stat. § 28A-2A-1; § 28A-2.)

c. The Decedent died testate, leaving the paper-writing(s) purporting to be the Decedent's Last Will and Testament [and codicil(s)] dated [__/__/____]. (N.C. Gen. Stat. § 28A-2A-5(2).)

d. The Applicant, as the Executor named in the Will, may apply for probate at any time after the death of the testator. (N.C. Gen. Stat. § 28A-2A-1.) ☐ If no executor applied within 60 days of death, the Applicant applies as a devisee or interested person upon 10 days' notice to the executor under § 28A-2A-2.

5. THE WILL OFFERED FOR PROBATE

a. The original Last Will and Testament of the Decedent, dated [__/__/____] [and codicil(s) dated [__/__/____]], is herewith offered to the Clerk of Superior Court for probate. Only the original instrument is offered, not a copy. After probate, the original remains permanently with the Clerk as a public record.

b. The Will was attested by the following subscribing witnesses:

c. Self-proving status (check one):

☐ The Will is a self-proved will under N.C. Gen. Stat. § 31-11.6, and may be admitted to probate without the testimony of any attesting witness, the self-proving certificate serving as proof of due execution (N.C. Gen. Stat. § 28A-2A-8).

☐ The Will is not self-proved; due execution will be proven by the affidavit of the subscribing witnesses on Form AOC-E-300 (Affidavit of Subscribing Witnesses), or, where a witness is unavailable, by Form AOC-E-301 (Affidavits for Probate of Will — Witness Not Available) and proof of the testator's handwriting.

d. Following the execution of the Will, there were no children born to or adopted by the Decedent, and the Decedent did not thereafter marry or obtain a divorce. ☐ If the facts are otherwise, they are stated on the attachment. (N.C. Gen. Stat. § 28A-2A-5; AOC-E-201 ¶ 5.)

6. DEVISEES AND BENEFICIARIES UNDER THE WILL

The following persons and entities take under the Will (the Clerk is required to notify by mail all devisees whose addresses are known under N.C. Gen. Stat. § 28A-2A-3):

7. PERSONS ENTITLED TO SHARE IN THE ESTATE / NOTICE

After diligent inquiry, the Applicant has determined that the persons listed below are all the persons entitled to share in the Decedent's estate, with their ages, relationships, and mailing addresses (N.C. Gen. Stat. § 28A-2A-5(3)). Where there is a court-appointed guardian for any such person, the guardian's name and address are listed on an attachment.

☐ One or more of the above persons is a minor: ☐ with guardian / ☐ without guardian (state guardian's name and residence on attachment).

The value and nature of the testator's property, as near as can be ascertained (§ 28A-2A-5(2)), is set forth in the Preliminary Inventory (reverse of AOC-E-201): $[________________].

8. QUALIFICATION AND PRIORITY OF EXECUTOR

a. The Applicant is an Executor named in the Will, and is the person entitled to apply for and receive Letters Testamentary, having first priority to qualify under N.C. Gen. Stat. § 28A-6-1.

b. The Applicant is not disqualified to serve under N.C. Gen. Stat. § 28A-4-2 (e.g., is not under 18, not adjudged incompetent, not a convicted felon whose rights are not restored, and is otherwise qualified) and has not renounced the right to serve.

c. ☐ The Applicant is a nonresident of North Carolina and has appointed a North Carolina resident process agent on Form AOC-E-500 (Appointment of Resident Process Agent).

d. ☐ Co-executors are named: [________________________________]. ☐ A named executor has renounced on Form AOC-E-200 (Renunciation).

Upon the Will being admitted to probate, the Clerk shall enter an order authorizing issuance of Letters (Form AOC-E-402) and issue Letters Testamentary (Form AOC-E-403) to the Applicant upon the taking of the oath.

9. BOND

a. ☐ The Will expressly directs that the Executor serve without bond, and the Applicant is a resident of North Carolina; no bond is required (N.C. Gen. Stat. § 28A-8-1(b)).

b. ☐ The Will is silent as to bond. The Applicant will furnish bond as required by N.C. Gen. Stat. § 28A-8-1 in an amount fixed by the Clerk.

c. ☐ The Applicant is a nonresident personal representative; a bond may be required by the Clerk even though the Will waives bond (§ 28A-8-1(b)(1)). The Applicant will furnish bond in the amount of $[________________].

Estimated value of personal property and one year's rents/income (for bond): $[________________]

10. PRAYER FOR RELIEF

WHEREFORE, the Applicant respectfully requests that the Clerk of Superior Court:

a. Admit the Decedent's Last Will and Testament dated [__/__/____] [and codicil(s)] to probate as the valid Last Will of the Decedent (N.C. Gen. Stat. §§ 28A-2A-1, 28A-2A-8);

b. Find the Applicant qualified and not disqualified to serve (§§ 28A-6-1, 28A-4-2);

c. Enter an order authorizing issuance of Letters and issue Letters Testamentary to the Applicant upon qualification (Forms AOC-E-402, AOC-E-403);

d. Fix or waive bond consistent with the Will and § 28A-8-1;

e. Direct that the Clerk give notice to devisees as required by § 28A-2A-3; and

f. Grant such other and further relief as is just and proper.

11. VERIFICATION (AFFIDAVIT OF APPLICANT)

I, [APPLICANT FULL LEGAL NAME], being first duly sworn, say that I have read the foregoing application; that I am applying for probate and for letters in the above estate; and that the statements contained herein are true to the best of my knowledge and belief. This affidavit shall be recorded with the Will and the certificate of probate thereof if the Will is admitted to probate (N.C. Gen. Stat. § 28A-2A-5).

Applicant Signature: ______________________________________

Printed Name: [APPLICANT FULL LEGAL NAME]

Sworn to and subscribed before me on [__/__/____].

______________________________________
Clerk / Assistant or Deputy Clerk of Superior Court / Notary Public
My commission expires: [__/__/____]

12. NOTICE / CERTIFICATE OF SERVICE

a. Notice to devisees (N.C. Gen. Stat. § 28A-2A-3): The Clerk of Superior Court is required to notify by mail all devisees whose addresses are known, designated in the Will filed for probate. The expense is a proper charge to the estate.

b. Notice to creditors: After qualification, the personal representative shall publish and, where required, mail notice to creditors under N.C. Gen. Stat. § 28A-14-1.

☐ Notice to Beneficiary (Form AOC-E-405) mailed by the Clerk
☐ Notice to Creditors published in [NEWSPAPER NAME] — § 28A-14-1
☐ Renunciation(s) / Resident Process Agent appointment filed as applicable

Signature: ______________________________________
Printed Name: [APPLICANT / ATTORNEY NAME]
N.C. State Bar No.: [________________] (if applicable)
Firm / Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

13. ATTACHMENTS CHECKLIST

☐ Official Form AOC-E-201 (Application for Probate and Letters Testamentary) with Preliminary Inventory
☐ Original Last Will and Testament [and codicil(s)]
☐ Certified copy of Death Certificate
☐ Self-proving certificate (if will is self-proved under § 31-11.6), OR
☐ Form AOC-E-300 Affidavit of Subscribing Witnesses (if not self-proved)
☐ Form AOC-E-301 Affidavits for Probate — Witness Not Available (if applicable)
☐ Form AOC-E-400 Oath / Affirmation of the Executor
☐ Form AOC-E-200 Renunciation (if any named executor declines)
☐ Form AOC-E-500 Appointment of Resident Process Agent (if nonresident executor)
☐ Bond (if required) or testamentary waiver of bond — § 28A-8-1
☐ Form AOC-E-650 Estates Action Cover Sheet
☐ Proposed Form AOC-E-402 Order Authorizing Issuance of Letters
☐ Proposed Form AOC-E-403 Letters Testamentary
☐ Form AOC-E-304 Certificate of Probate
☐ Filing fee / estate costs payment