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Q: How do I file a petition to force someone to produce a deceased parent’s original will when they won’t acknowledge it exists? A: If you are an interested person, like an heir or a beneficiary, you can ask the clerk of court handling probate to order the person to produce the original will. You start by filing an application supported by a sworn affidavit. In that affidavit, you need to lay out specific facts showing two things—first, that a will likely exists, and second, that a particular person in the state has the original will or is likely holding it. If the clerk finds your sworn showing is strong enough, the clerk can issue a summons that orders that person to bring the will to the clerk for probate, or to appear on a set date and explain under oath where the will is or what happened to it. If the person ignores the summons, the clerk can move into civil contempt enforcement, which can include a show cause process designed to compel compliance. Timing can matter, especially if real estate or third-party transfers are involved, so it is usually best to file as soon as you have a solid factual basis to believe the will is being withheld. Probate — North Carolina Law 0:14 What you file: application and sworn affidavit 0:36 What the clerk can order: summons to produce or testify 0:58 Enforcement and timing concerns Read the full article: https://piercelaw.com/news/probate-question-and-answer/how-do-i-file-a-petition-to-force-someone-to-produce-a-deceased-parents-original-will-when-they-wont-acknowledge-it-exists-nc/ Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

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