When a loved one passes away, one of the first things you might need to do is find their will, especially if you believe you’re named in it or have questions about how their assets will be handled. In Wake County, wills are filed with the Clerk of Superior Court for probate. But whether a will is accessible depends on where things stand in the estate process.
If the will has been filed, it may already be part of the public record. If it hasn’t, it may still be sealed, or in the possession of someone who’s refusing to produce it. Either way, North Carolina law provides specific pathways for getting a copy. Here’s how the process works in Wake County, and what to do if you’re hitting a wall.
Under North Carolina General Statutes Chapter 132, records created by public agencies are considered public records. Once a will enters the probate process, it becomes part of the court file—and that makes it accessible to anyone.
Who can request a will? Anyone. You don’t have to be a family member or beneficiary. Researchers, genealogists, and even curious members of the public can access these documents.
What if the will hasn’t been filed yet? If a will hasn’t been submitted to the court, it’s not a public record. You’ll need to contact the person who has it, usually the executor, the attorney who drafted it, or a family member.
Once a will is filed, getting a copy is straightforward.
Probate matters are handled by the Clerk of Superior Court, specifically the Estates and Wills Division.
Wake County Estates and Wills Office
Wake County Courthouse
316 Fayetteville Street, 12th Floor
Raleigh, NC 27601
Phone: (919) 792-4450
Hours: Monday–Friday, 8:30 a.m. to 5:00 p.m.
Call ahead to confirm hours and whether you need an appointment. The courthouse is in downtown Raleigh with nearby street parking and parking decks.
The more details you provide, the faster the staff can find what you’re looking for. Here’s what helps:
Don’t worry if you don’t have everything. The clerk’s office can usually find the record with just a name and the approximate date of death.
Wake County offers multiple ways to access probate records depending on your needs. Here are your three options, from fastest to most convenient.
This is the fastest option, especially if you need the will the same day.
Steps:
Recent files are readily available. Older records might be archived and take longer to retrieve.
Call (919) 792-4450 to confirm whether a will has been filed and get basic information about the case.
What the staff can do: Answer procedural questions and confirm a will is on file.
What they can’t do: Provide legal advice, interpret the will, or tell you what steps to take.
To get an actual copy, you’ll need to visit in person or mail a written request.
If you can’t visit the courthouse, mail a written request. This takes longer (two to three weeks) but works well if you live out of town.
What to include:
Mail to:
Wake County Clerk of Superior Court
ATTN: Estates Division
P.O. Box 351
Raleigh, NC 27602
Viewing records at the courthouse is free. Copies have fees.
Standard copies: A few dollars per page (typically $5–$15 for a complete will)
Certified copies: More expensive, but necessary if you need the document for legal purposes (proving validity in another state, dealing with financial institutions)
Payment methods: Cash, checks, money orders. Some offices accept credit/debit cards in person. Call ahead to confirm.
Always specify whether you need certified copies when making your request.
Before visiting the courthouse, check North Carolina’s eCourts portal to see if a will has been filed.
How to search:
You’ll see basic information like case numbers and filing dates, but you can’t view or download the actual will online. For that, you need to visit the courthouse or request copies by mail.
Not every estate goes through probate. If assets were held in a trust or had beneficiary designations, the will might never be submitted to court, which means it’s not a public record.
Who might have the will:
If you’re a beneficiary and believe a will exists but hasn’t been filed, you may need to work with an attorney to locate it and determine whether probate is necessary.
Getting a copy of a will is usually simple, but sometimes you need an attorney. Consider reaching out if:
Our personalized approach means we take the time to understand your situation and guide you through the process. We handle probate matters throughout Wake County, from locating wills to administering estates.
We know this process can feel overwhelming, especially when you’re dealing with loss, and we’re here to make it easier.
Understanding how to access probate documents is the first step in settling an estate. The Wake County Estates and Wills Office is there to provide the records you need.
If you have questions about probate, need help administering an estate, or want guidance on what to do after a loved one passes away, contact us today. Our attorneys provide the support and experience you need during this difficult time.
Contact us to schedule your Discovery Call. We’re here to help you through every step.
Paul Yokabitus is the CEO and Managing Partner of Cary Estate Planning, a Cary, NC, estate planning law firm. With years of experience in estate and elder law, he has zealously represented clients in various legal matters, including estate planning, guardianship, Medicaid planning, estate administration, and other cases.
Paul received his Juris Doctor from the Campbell University School of Law and is a North Carolina Bar Association member. He has received numerous accolades for his work, including being named among the “Best Attorney in Cary” in 2016 and 2017 by Cary News and Rising Star in 2020-2023 by Super Lawyers.