If you need to handle an estate here in New Hanover County, you’re probably wondering: how do I actually start this process? Where do I go? What paperwork do I need? And what happens next?
I’m Ryan Smith, a licensed real estate agent and certified probate expert here in New Hanover County, NC, and I help families walk through this process all the time. Today, I’m going to give you a step-by-step guide to applying for probate right here in New Hanover County. By the end of this guide, you’ll know exactly what to do, where to go, and what to bring.
Important Disclaimer: I’m not an attorney and this isn’t legal advice. This is practical guidance based on my experience helping families through probate situations here in southeastern North Carolina. I strongly recommend working with a probate attorney, especially if this is your first time going through this process. If you’d like a recommendation for excellent probate attorneys in this area, just reach out and I’ll be happy to connect you.
Where Do You Actually Apply?
Let’s start with the most basic question: where do you apply for probate in New Hanover County?
You apply at the New Hanover County Clerk of Superior Court.
Their office is located in the New Hanover County Courthouse at 316 Princess Street in downtown Wilmington. That’s the only place you can apply for probate in New Hanover County.
Important Details:
- You can’t apply online
- You can’t mail it in initially
- You need to go to the Clerk’s office in person to start the process
Now, once your case is open, some things can be handled by mail or electronically. But to get started, plan on making a trip downtown to the courthouse.
What You Need Before You Go
You don’t want to make multiple trips because you forgot something, so here’s what you need to put together before you head to the Clerk’s office.
1. The Original Will (If There Is One)
Not a copy. The actual original document with original signatures.
If you can’t find the original will, that creates additional complications (I’ll cover that below). If there is no will at all, that’s okay. You can still apply for probate—it’s just called intestate administration instead of probate with a will.
2. Certified Copies of the Death Certificate
Not the funeral home’s copy. Certified copies from the state.
I recommend getting at least ten certified copies because you’ll need them for banks, insurance companies, and other institutions. But for applying for probate, you’ll need at least one to submit with your paperwork.
3. A List of Heirs or Beneficiaries
If there’s a will: This is everyone named in the will.
If there’s no will: This is the legal heirs according to North Carolina law—typically the spouse and children, or if no spouse or children, then parents or siblings.
You’ll need their full names, addresses, and relationship to the deceased.
4. A General Idea of the Estate’s Assets
You don’t need exact dollar amounts yet, but you should have a rough estimate of what the deceased owned:
- Bank accounts
- Real estate
- Vehicles
- Investment accounts
- Personal property
The Clerk will ask you basic questions about this during the application process.
5. Your Identification
A driver’s license or state ID. The Clerk needs to verify who you are.
6. Payment for Filing Fees
There are filing fees, typically between $200 and $300 depending on your specific situation. Most Clerk’s offices accept cash, check, or credit card, but call ahead to confirm what they accept.
The Application Process: Step by Step
Now let’s walk through what actually happens when you go to apply.
Step 1: Arrive at the Clerk’s Office
When you arrive at the Clerk’s office, let the staff know you’re there to open a probate estate. They’ll direct you to the right department. In New Hanover County, this is usually the Estate section of the Clerk’s office.
Step 2: Complete the Application Forms
The staff will give you the necessary forms to fill out. The main form is called the Application for Probate and Letters.
This form asks for information about:
- The deceased person
- You (as the person applying to be executor or administrator)
- The heirs and beneficiaries
- The estate’s assets
Take your time filling it out. It’s better to be accurate than fast. If you’re not sure about something, ask the Clerk’s staff. They’re there to help.
Step 3: Submit the Will (If There Is One)
If there’s a will, you’ll submit the original will along with your application. The Clerk will review it to make sure it appears valid. They’re checking that it’s properly signed, properly witnessed, and meets North Carolina requirements.
If the will has a self-proving affidavit attached—which most properly drafted wills do—that makes the process easier because the Clerk can accept it without needing to track down the witnesses.
If there’s no will, you’ll apply for Letters of Administration instead. The process is similar, but the Clerk will need to verify who the legal heirs are according to North Carolina’s intestacy laws.
Step 4: Take the Oath
Once you’ve completed the forms and submitted everything, you’ll take an oath. This is where you swear or affirm that everything you’ve stated is true to the best of your knowledge. The Clerk will administer this oath right there in the office.
Step 5: Pay the Filing Fee
Then you’ll pay the filing fee. Again, this is typically $200 to $300 in New Hanover County.
What Happens After You Apply?
After you apply and pay, the Clerk will process your application.
If everything is in order, they’ll issue you:
- Letters Testamentary (if there’s a will), or
- Letters of Administration (if there’s no will)
Why These Letters Are Critical
These Letters are your official legal authority to act on behalf of the estate. Think of them as your permission slip to handle the deceased person’s assets.
The Clerk will give you several certified copies of these Letters. Guard them carefully. You’ll need them to:
- Access bank accounts
- Sell property
- Handle all estate business
Additional Forms and Ongoing Requirements
The Clerk will also give you additional forms you’ll need throughout the probate process—things like:
- The inventory form where you’ll list all the estate’s assets
- Forms for the final accounting
They’ll explain the deadlines for filing these documents. In North Carolina, you typically have three months to file an inventory of the estate’s assets. And then there are ongoing requirements throughout the probate process.
Special Situations You Might Encounter
Let me touch on a few special situations that sometimes come up when applying for probate.
What If You Can’t Find the Original Will?
This is actually pretty common. Maybe it was lost, maybe it was destroyed by accident, maybe you just can’t locate it.
You can still proceed, but you’ll need to file a lost will petition. This requires additional steps, and honestly, this is one of those situations where you really want an attorney helping you.
What If Someone Else Thinks They Should Be Executor?
If there’s a dispute about who should serve as executor or administrator, the Clerk may require a hearing before the judge. The judge will decide who’s the appropriate person to serve.
This is another situation where having an attorney is really important.
What If the Estate Is Really Small?
If the personal property totals $20,000 or less (or $30,000 or less with a surviving spouse), you might qualify for thesmall estate affidavit instead of full probate.
This is a much simpler process with lower fees. Ask the Clerk’s staff if you think you might qualify.
Common Mistakes to Avoid
Let me share some common mistakes I see people make when applying for probate.
Mistake #1: Waiting Too Long to Apply
There’s no strict deadline for applying for probate in North Carolina, but the longer you wait, the more complicated things can get. Banks close accounts, bills pile up, property sits vacant.
Apply as soon as you reasonably can after the death.
Mistake #2: Not Getting Enough Certified Copies of Your Letters
When the Clerk issues your Letters, get at least ten certified copies. Maybe more if the estate is complex.
Every institution you deal with will want their own certified copy, and going back to get more copies later is a hassle.
Mistake #3: Not Understanding the Ongoing Requirements
Applying for probate isn’t a one-and-done thing. There are ongoing responsibilities, deadlines, and reports you’ll need to file with the court.
Make sure you understand what’s expected and when.
Mistake #4: Trying to Do This Alone When You Really Need Help
If the estate has significant assets, if there’s real estate involved, if there are family disputes, or if you’re just feeling overwhelmed—get an attorney. The peace of mind is worth it.
What About Real Estate?
If the estate includes a house or property here in New Hanover County, applying for probate is even more important.
You cannot sell, transfer, or refinance real estate without going through probate and getting those Letters from the court. Even if everyone agrees on what should happen with the property, you still need that legal authority.
So if there’s real estate involved, don’t delay. Start the probate process now.
This is where I help families all the time. Once you have your Letters and you’re ready to discuss options for the property, I can:
- Guide you through preparing it for sale or rental
- Ensure you’re pricing it correctly
- Help navigate the specific requirements for selling estate property
- Connect you with reliable contractors if repairs are needed
- Maximize the property’s value for the estate
Quick Recap: Applying for Probate in New Hanover County
Here’s the quick version.
To apply for probate in New Hanover County:
- Go to the Clerk of Superior Court at 316 Princess Street in downtown Wilmington
- Bring:
- The original will (if there is one)
- Certified death certificates
- A list of heirs
- Information about assets
- Your ID
- Payment for filing fees ($200-$300)
- Fill out the Application for Probate and Letters
- Take the oath
- Pay the fee
- Receive your Letters giving you legal authority to handle the estate
The process itself usually takes less than an hour if you have everything you need. But for most people, gathering everything beforehand will take some time.
Ready to Get Started?
If you’re getting ready to apply for probate and you have questions, reach out to me. I can point you in the right direction and connect you with excellent probate attorneys in the New Hanover County area.
And if the estate includes real estate, I’m here to help you understand your options and maximize the property’s value. Whether you’re considering selling, renting, or keeping the property, I can walk you through the decision-making process.
Need a probate attorney recommendation? I work with some of the best probate attorneys in southeastern North Carolina and would be happy to connect you.
Have questions about inherited property? Let’s talk about your specific situation and what makes sense for you and your family.
Thanks for reading, and I’ll see you in the next post.