Mecklenburg County Probate Records

To manage a deceased person's estate, a legal procedure known as probate is conducted by the court. Probate records in Mecklenburg County are part of Mecklenburg county court records related to the county's estate management. They typically specify how a deceased person's estate is to be distributed. These documents may include wills, bonds, inventories, testamentary letters, petitions, an inventory of the estate's assets, and other estate planning documents.

One of the most reliable sources of genealogical evidence is probate records. In addition, probate documents can reveal who possessed what and when, which is useful in real estate disputes. Additionally, people can use probate records to confirm their inheritance, find the executor, creditors, and beneficiaries, or find out if the estate was the subject of any court proceedings.

Are Probate Records Public?

Yes. According to the North Carolina Public Documents Act, unless otherwise directed by law, custodians of public documents may allow people to view the records in their care at suitable times and under adequate supervision. Information regarding legal procedures may be accessible to the general public. Probate records are essentially a public account of what transpired during a probate case and are considered to be public records by the North Carolina Judicial Branch.

However, some records, such as sealed probate records, may not be available to the general public. Records containing private or confidential information may only be accessed or examined by authorized or eligible individuals.

What is Probate Court in Mecklenburg County?

The Mecklenburg County Superior Court has exclusive jurisdiction over proceedings in probate and the administration of estates for deceased persons. The Superior Court administers the proper distribution of a decedent's assets, decides whether a will is valid, and prevents misconduct by executors and administrators of estates. The court also enforces the terms of a valid will and provides for the equitable distribution of assets of individuals who pass away intestate without a valid will. The Superior Court also has original jurisdiction over most guardianship cases filed within the county.

Mecklenburg County Superior Court
832 East 4th Street
P.O. Box 37971
Charlotte, NC 28237
Phone: (704) 686-0400

Probate Court Case Lookup

Members of the public who desire to look up probate court cases in Mecklenburg County may contact the Mecklenburg County Clerk of Superior Court Office. Access to public records is available onsite at the courthouse between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday.

Furthermore, anyone who wishes to electronically access probate court case information or retrieve copies of probate court records may utilize the eCourt Portal provided and maintained by the North Carolina Judicial Branch. Searches may be conducted by inputting the full name of the subject or the appropriate case number. However, it is important to note that documents filed before October 9, 2023 may not be found on the eCourt portal.

Interested persons seeking electronic records of probate court cases or estate special proceedings filed before the 9th of October, 2003, may otherwise send an email request to Mecklenburg.ESP@nccourts.org. Requesters are required to include the party name, type of record request, and file number (if known) when sending a request.

How to Find Probate Records Online Free

Members of the public may find Mecklenburg County probate records online at no cost by utilizing the eCourt Portal maintained by the North Carolina Judicial Branch. However, while users may conduct basic searches for free, one may need to pay the accompanying fees to obtain a certified copy of a probate court record as required by § 132-6.2. Record seekers who wish to obtain detailed documentation or certified copies may also need to conduct an in-person search.

Furthermore, individuals may utilize external online search services maintained and provided by third-party websites. The public can easily access Mecklenburg County probate court records through these websites. The records that these websites offer are usually compiled from a variety of official sources and frequently include extra features and data like detailed case summaries and extensive search functions. Basic searches, which may typically be conducted at no cost, involve inputting the first and last name of the case subject.

How Long Does Probate Take in North Carolina

Although timelines may differ greatly, a typical estimate of how long probate will take in North Carolina includes 0 to 6 months for simple estates, 9 to 18 months for moderately complex estates, and beyond 18 months for highly complex estates. However, most estates fall into the category of moderately complex estates. Furthermore, the factors listed below may influence the timeframe for the duration of probate in North Carolina (NC General Statutes § 28A-25-1, NC General Statutes § 28A-14-1, NC General Statutes§ 28A-20-1).

• Will clarity and existence
• Estate size and complexity
• Court caseloads
• Disputes among the beneficiaries.

Are Wills Public Record?

Yes. After the death of an individual, the decedent's will may be filed with the Mecklenburg County Clerk of Court. Once a deceased person's will is filed with the court clerk following their passing, it becomes a public record. These records are available for anyone to view or obtain a copy of for a fee.

How to Find Out If Someone Has a Will

A will remains a private record for the duration of the testator's life. A living individual's will can only be accessed with their permission. As a result, one might not be able to ascertain whether someone has a will until the testator passes away. However, when a person is deceased, a copy of the testator's will can be requested from the probate court in the county where the individual resided, passed away, or owned property.

One must note that testators don't need to submit their wills to the court. Sometimes, a search for a will at the probate court may not yield any result. Therefore, one may search the deceased's storage facilities for the will, or otherwise get in touch with the executor or estate planning lawyer.

Mecklenburg County Family Court Case Search

To obtain Mecklenburg County family court documents, interested parties may visit the Mecklenburg County Clerk of Superior Court office along with certain information, including the full name of the party or the case number. Members of the public may conduct a search for free, however certified copies may require additional fees. Visitors to the clerk's office can also conduct name-based searches using public terminals. They can search using the defendant's name, case number, or victim/witness name on the public terminals. There are no costs to use the terminal.

However, it is important to note that some family court records may only be accessed by authorized individuals due to the sensitive nature of those documents. Information such as adoption records, child custody records, juvenile records, and other sealed or confidential records are not open to the general public.