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Initial Documents Required to File a Probate in North Carolina

By Sabrina Winters

The initial documents and information that are required by the State of North Carolina to file a Probate are as follows:

1.  The original Last Will and Testament;

2.  All the full names, mailing addresses and ages of each Beneficiary named in the Last Will and Testament;

3.  Application for Letters Testamentary;

4. Oath of Office;

5. Bond (if required);

6. Appointment of Resident Process Agent (if the Executor resides outside of North Carolina);

7. Filing fee of $61.00 and

8. Notice to Beneficiaries

Once the initial documents are filed and approved by the Clerk of Court, he or she will issue Letters Testamentary.  Letters Testamentary is the legal authority for the named Executor to investigate the location of assets and to collect the assets.  The Executor is not required to supply exact information regarding the assets on your initial Application for Letters Testamentary.  The Court will require that information 90 days later when the Executor files the 90 Day Inventory.

 

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