Wake County Probate Records

Wake County probate records are legal documents related to the handling of a deceased person's estate in Wake County. These records are created during the probate process, a court-supervised procedure conducted after a person's death to settle their estate. Probate records include documents such as the last will, petitions, letters of administration, inventory of estate assets, claims, and distribution records.

A probate process is generally needed or required when the deceased left a valid will—to administer the estate accordingly; if the deceased did not leave a will (intestate)—to administer the estate according to North Carolina's intestacy laws; when there are disputes among heirs and claims from creditors.

The courts maintain and preserve probate records in various formats, including traditional paper, microfilm, and digital files. Individuals generally seek these records to verify a will, resolve disputes, understand estate distribution, or conduct genealogical research. The Clerk of Courts is the custodian of probate records.

Are Probate Records Public?

Yes. Probate records are public in Wake County under the state's Public Records Law (North Carolina General Statutes, Chapter 132.). This law establishes that records created by public agencies as part of their official duties are public records. Having said that, once a document enters the probate process, it becomes a public record and accessible to the public, which means anyone can request to copy or review it.

However, certain probate records or information may not be subject to public access due to some statutory limitations and privacy considerations. For example, personal information, such as Social Security numbers, bank account numbers, and medical records, may be redacted to protect privacy. Also, documents filed under seal are confidential and exempt from public access.

What is Probate Court in Wake County?

The Probate Court in Wake County is a division of the Superior Court that handles the distribution of a deceased person's estate. The court handles Will execution and estate administration cases—including guardianships and conservatorships. The North Carolina Probate Code governs probate proceedings in the county—detailing the probate process, definitions, and other general provisions related to wills and estate administration.

Below is the court's physical location:

Wake County Superior Court
Wake County Courthouse
316 Fayetteville Street
Raleigh, NC 27601
Phone: (919) 792-4000

Mailing address:
Wake County Courthouse
P.O. Box 351
Raleigh, NC 27602.

Probate Court Case Lookup

Interested parties can contact the "Estates and Wills Office" in person or by phone to review and obtain probate court case records in Wake County. In-person visits should be made Monday through Friday, during business hours.

Estates and Wills
Wake County Courthouse
316 Fayetteville Street, 12th floor
Raleigh, NC 27601
Phone: (919) 792-4450

The estate and wills office may charge fees for requests requiring copies of these records. Typically, all requests must include a case number or a case party's name. Alternatively, they may search for and look up these records online via NC’s eCourts Portal.

How to Find Probate Records Online Free

Interested persons can find probate records online for free using North Carolina's eCourts Portal. The consolidated portal allows for free searches and reviews of probate case information. However, individuals may need to register on the portal. Additionally, individuals can request these records by contacting the estate and wills office at the Wake County Courthouse in person or by phone at (919) 792-4450. While reviewing these records might be free, copies are typically made for a fee.

Alternatively, individuals can access Wake County probate records online through third-party aggregator websites. These sites compile public court records and offer them via search services. Users can search by a party's name or case number. Basic records are often free. However, detailed records may incur fees.

How Long Does Probate Take in North Carolina?

The probate process for a typical estate takes six to 12 months. However, no rule dictates how long probate must last, and several factors can extend the timeline—sometimes to 18 months or more.

Key factors that affect the duration of probate include the estate’s size and complexity, the number of beneficiaries or heirs, family disputes or will contests, tax complications, outstanding debts, and court backlogs.

Are Wills Public Record?

Yes. Once the Wake County Superior Court Clerk admits wills to probate, they become public records, which means individuals can inspect or copy them.

However, the court can seal or restrict public access to a will or parts of it under certain circumstances. For example, Rule 27(b) of the North Carolina Rules of Practice for the Superior and District Courts allows documents to be sealed if the person filing them submits a motion requesting the court seal to them and the court grants that motion.

How to Find Out If Someone Has a Will

It can be challenging to determine whether a will exists if the testator (the person who created the will) is still alive. This is because until the testator passes and the will is submitted for probate, the will remains a private document. To find out if a living person has a will, one can ask them directly about its existence.

If the testator has died, individuals can find a will by searching the probate records in the county where the individual lived or died. To do this, request to search the probate records using the person's name (from the Wake County estate and wills office). If a will exists and was filed after the decedent's death, the probate office can provide a copy of it. If the will is not filed in probate, contact the executor, the drafting attorney, or the beneficiaries for details on its status or location.

Wake County Family Court Case Search

Family law cases, including divorce and separation, child custody and support, and domestic violence cases, are heard in the Wake County District Court. The Wake County Clerk of Superior Court's office handles the maintenance and distribution of Wake County court records, including family law case records.

Individuals can search records of family court cases in the county by visiting the public, self-service terminal at the clerk’s office at:

300 South Salisbury Street
Raleigh, NC 27602.

OR

316 Fayetteville Street
Raleigh, NC 27602.

They can use the terminal to search for cases by case party names, case numbers, or victim or witness names. Additionally, they may request copies of these records from the clerk's office and pay any associated fee.

Alternatively, individuals may search for these records online via the eCourts Portal using the testator’s name, case number, or the attorney’s name. Individuals seeking these records should note that certain family case records may not be open for inspection and copying. Examples include domestic violence protective orders, any record involving minors, and adoption records.