Legal Question in Wills and Trusts in North Carolina

Frankly, I do not understand why your aunt would not know about her husband's will. Were they estranged? Or was he secretive?

And who told your aunt this? How does this person know? Many people who are dying claim there is a will - maybe there is, maybe there isn't. Unless you have more details, I would not rely on hearsay of what someone said.

You can start looking for a will by contacting the clerk of court to see if a will was ever filed by your uncle. Start with the clerk of court in the county where he resided at prior to his death or around the time this alleged will was made. If there is no will, try contacting places where your uncle banked to see if he had a safe deposit box. If so, you will need to have the clerk of court present when the box is opened.

If that fails, start looking in your uncle's home. Did he have a safe? Where did he keep his important papers? Look there. If he had a family lawyer, you can also try the law firm. Some lawyers hold their clients' wills for safekeeping.

If no will is found, then your aunt needs to probate your uncle's estate under the intestacy law as if no will ever existed. This means that she will get your uncle's property anyway, along with any children of your uncle. If a will is later found, it can be submitted for probate if the estate is still open.