Legal Question in Wills and Trusts in North Carolina

How do you know there is a will for sure? People can tell you anything. There is no central registry for wills in NC.

If you thought there was a will, was it drafted by an attorney? If so, contact the attorney to see if he/she has a copy. If there is no attorney, check with the clerk of court in the county where the person resided just prior to his/her death. If he/she died in a nursing home, then in the county where he/she owned a home.

If nothing was filed with the court, try calling all of the local banks to see if a safe deposit box can be located. If that does not work, did the person have a fire-proof safe? Or where did they keep their important papers (deed to house, etc.)? Look there. If they are scattered, then you will have to do a thorough room-by-room search.

If you still come up dry, then maybe the person did not have a will. In such case, the person's spouse or child should apply for letters of administration. Failing that, anyone can apply 6 months after death and a public administrator can be appointed if nobody wants the job. If the will is later found, the administrator can then resign and let the person named in the will take over.