How can I obtain a copy of a probate record from North Carolina? - Pennsylvania
The Short Answer
If the probate record is in North Carolina, you generally must request it from the North Carolina clerk of superior court (the office that handles estates there), not from Pennsylvania. Under Pennsylvania law, however, if you need to use an out-of-state probate record in a Pennsylvania matter, you will typically need an officially authenticated/certified copy—and getting the right certification is where people often run into delays.
What Pennsylvania Law Says
In Pennsylvania probate matters, records are commonly handled through the county Register of Wills (and related Orphans’ Court filings). Pennsylvania law recognizes the use of official records when they are properly authenticated, and it also requires the Register of Wills to provide certified copies of records and papers on request (with the required fee). When you are trying to use a North Carolina probate record in Pennsylvania—for example, to prove a will was probated or to support an estate or property issue—your attorney will usually want a certified/authenticated copy that will be accepted by Pennsylvania courts and institutions.
The Statute
The primary law governing certified copies from the Pennsylvania Register of Wills is 20 Pa.C.S. § 923.
This statute establishes that, upon request and payment of the fee, the Register of Wills must make and certify true copies of records/papers filed with the Register, and those certified copies are treated as equivalent evidence to the original in Pennsylvania proceedings.
Separately, Pennsylvania also addresses how official records can be proven in court through attested copies and custody certifications. See 42 Pa.C.S. § 6103.
If what you actually need is a North Carolina probate record (a will, letters, filings, or an estate file), you’ll request it from the North Carolina court that has the estate file. But if your goal is to use that North Carolina record in Pennsylvania, the format of the certification and what Pennsylvania will accept can matter as much as getting the document itself.
Related reading: How to confirm whether an estate is open and get probate filings in Pennsylvania and How to get a copy of a will in Pennsylvania.
Why You Should Speak with an Attorney
While the basic idea sounds simple (“get a copy of the probate record”), cross-state probate paperwork can become complicated quickly. Legal outcomes often depend on:
- Strict Deadlines: If the record is needed for a pending Pennsylvania estate dispute, real estate transfer, or creditor issue, delays in obtaining properly certified records can cause missed court deadlines or transaction problems.
- Burden of Proof: Pennsylvania courts and third parties (banks, title companies) often require specific forms of certification/authentication to accept an out-of-state probate record as reliable evidence (see 42 Pa.C.S. § 6103).
- Exceptions: Some probate materials may be restricted, incomplete, or require additional documentation (for example, if you are not an interested party, if the file is archived, or if you need a certified copy suitable for recording or litigation).
An attorney can identify exactly which document you need (will vs. letters vs. full estate packet), request it in a form that will be accepted in Pennsylvania, and avoid costly back-and-forth with multiple court offices.
Get Connected with a Pennsylvania Attorney
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.