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Hyde County, NC Probate Information
Quick facts
| Item | Hyde County information |
|---|---|
| Court | Clerk of Superior Court, Hyde County. The clerk of superior court is the ex officio judge of probate for estate proceedings. |
| Courthouse address | Hyde County Courthouse, 40 Oyster Creek Road, Swan Quarter, NC 27885 |
| Mailing address | Hyde County Courthouse, PO Box 337, Swan Quarter, NC 27885 |
| Phone | (252) 926-4700. The Judicial Branch lists this as both the courthouse main line and the Clerk of Superior Court line. No separate Estates line is published. |
| Fax | No fax number is published for the Hyde County clerk. |
| No office-level clerk email address is published for Hyde County. Call the clerk's office. | |
| Hours | Monday through Friday, 8:30 a.m. to 5:00 p.m. Closed Saturday and Sunday. No lunch closure or filing cutoff is published. |
| Appointment or walk-in | Hyde publishes no booking link and no walk-in policy. Call (252) 926-4700 before traveling to ask how the clerk wants to receive an estate opening. |
| Filing cost | Opening an estate costs $120.00 in court costs, effective January 1, 2026 (N.C. Gen. Stat. § 7A-307), plus 40 cents per $100.00 of gross estate, with a $15.00 minimum per filing and a $6,000.00 cap, effective January 1, 2026 (N.C. Gen. Stat. § 7A-307). |
| Payment methods | By mail, money order or certified check only, payable to Hyde County Clerk of Superior Court. No cash or personal checks by mail. In person, the Cashier's Office accepts cash, credit or debit card with processing fees, money order or certified check. No personal checks. |
| Local forms | Hyde publishes no local estate form, checklist, cover sheet or estate calendar request beyond the statewide Administrative Office of the Courts estate forms. |
| E-filing | eCourts is live in all 100 North Carolina counties. Attorneys use File & Serve. Self-represented individuals may use File & Serve but are not required to. File & Serve: https://efilenc.tylertech.cloud/OfsEfsp/ui/landing |
| Original will | No Hyde page states how the clerk wants an original will delivered. Call (252) 926-4700 before filing if there is a will. |
| Case search | Use the statewide Portal at https://portal-nc.tylertech.cloud/Portal/. Portal uses a sign-in or security step. Call Hyde's clerk if a Hyde estate file does not appear. |
| Remote appearance | The Second Judicial District Remote Hearing Procedures include estate proceedings and use Webex or another AOC-approved audio-visual tool. A remote or hybrid hearing is not guaranteed, and a party may object under N.C. Gen. Stat. § 7A-49.6. |
| Website | https://www.nccourts.gov/locations/hyde-county |
Before you begin — know the assets and liabilities
Before you open a Hyde County estate, identify the accounts, debts, vehicles, real property and any will. The clerk's office will need the right statewide estate form, a certified death certificate, the will if one exists and enough preliminary asset information to start the file.
Sunset's estate settlement platform can search across more than 2,300 financial institutions to help find accounts and assets before you choose a filing path. That is especially helpful when the family is coordinating from Ocracoke, another county or another state before calling or visiting the Swan Quarter courthouse.
Which court handles jurisdiction
Hyde County estate filings are handled by the Clerk of Superior Court at the Hyde County Courthouse, 40 Oyster Creek Road, Swan Quarter, NC 27885. The mailing address is Hyde County Courthouse, PO Box 337, Swan Quarter, NC 27885.
The published Judicial Branch pages list one clerk's office for Hyde County. They do list a separate Ocracoke magistrate line, but no separate Ocracoke clerk of court office, estates counter or Ocracoke filing arrangement is published. Estates from Ocracoke Island, Swan Quarter and the rest of Hyde County are handled through the Swan Quarter courthouse.
Venue for probate of a will and administration of an estate is the county where the decedent was domiciled at death. If the decedent was not domiciled in North Carolina, venue may be in a county where the decedent left property or where estate property has come (N.C. Gen. Stat. § 28A-3-1).
The jurisdiction process
- Confirm the Hyde County connection. File in Hyde County if the decedent was domiciled there at death, or if the nonresident decedent left property in Hyde County under the venue rule (N.C. Gen. Stat. § 28A-3-1).
- Choose the correct statewide estate form. Use AOC-E-201 when there is a will, AOC-E-202 when there is no will, AOC-E-203B to open a collection of personal property by affidavit, and the other statewide estate forms as the situation requires.
- Call the Hyde clerk before traveling. Hyde publishes no booking link and no walk-in policy, and no page states how the clerk wants an original will delivered. Call (252) 926-4700 to ask how to present the opening papers and any original will.
- File with the Clerk of Superior Court in Swan Quarter. Use 40 Oyster Creek Road for in-person delivery and PO Box 337 for mail. Ocracoke residents use the same Swan Quarter clerk's office because no separate Ocracoke estates counter is published.
- Pay by an accepted method. Opening an estate costs $120.00 in court costs, effective January 1, 2026 (N.C. Gen. Stat. § 7A-307), plus 40 cents per $100.00 of gross estate, with a $15.00 minimum per filing and a $6,000.00 cap, effective January 1, 2026 (N.C. Gen. Stat. § 7A-307). By mail, use a money order or certified check. In person, the Cashier's Office accepts cash, card with processing fees, money order or certified check. Do not use a personal check.
- Qualify and receive authority. If the clerk approves the application and qualification, the executor or administrator receives letters testamentary or letters of administration, depending on whether the estate is testate or intestate.
- Give required creditor notice and direct notices. The personal representative or collector handles notice to creditors under the statewide rule and should keep proof of publication, mailing and any claims received.
- Use the local remote hearing order only if a hearing is set. The Second Judicial District Remote Hearing Procedures include estate proceedings, and the Hyde clerk or the clerk's designee hosts Webex proceedings. Ask the clerk whether a remote or hybrid setting is available, especially if travel from Ocracoke is difficult. Do not assume qualification for letters can be completed by video.
- File the inventory, accounts and closing papers. The estate continues through the statewide inventory and accounting requirements, using AOC-E-505 for the inventory, AOC-E-506 for accounts and any closing form that fits the chosen path.
Forms and documents
Probate forms in Hyde County
Hyde County uses the statewide Administrative Office of the Courts estate forms. Hyde's Local Rules and Forms page publishes Second Judicial District rules and forms for other case types, but it does not publish an estate checklist, local estate cover sheet, local estate calendar request or local estate form.
| Form | Use in Hyde County |
|---|---|
| AOC-E-201 | Application for probate and letters testamentary or of administration c.t.a. Use when there is a will. |
| AOC-E-202 | Application for letters of administration. Use when there is no will. |
| AOC-E-203B | Affidavit for collection of personal property of decedent. This opens a collection by affidavit. |
| AOC-E-204 | Affidavit of collection, disbursement and distribution. This closes a collection by affidavit. |
| AOC-E-505 | Inventory for decedent's estate. |
| AOC-E-506 | Account. |
| AOC-E-905 and AOC-E-906 | Summary administration forms, depending on whether there is a will. |
| AOC-E-100 | Petition and assignment year's allowance. Use the form landing page because versions depend on date of death. |
Find the estate form library at https://www.nccourts.gov/documents/forms and filter to Estate (E).
Local nuance
Hyde County-specific considerations
| Local point | What it means for a Hyde County estate |
|---|---|
| One clerk phone line | The Judicial Branch lists (252) 926-4700 as both the courthouse main line and the Clerk of Superior Court line. No separate Estates line is published. |
| Separate street and mailing addresses | Use 40 Oyster Creek Road, Swan Quarter, NC 27885 for in-person delivery. Use Hyde County Courthouse, PO Box 337, Swan Quarter, NC 27885 for mail. |
| Ocracoke filings | Ocracoke has a separate magistrate phone line, but no separate clerk's estates counter is published. Estate filings for Ocracoke Island go through the Swan Quarter courthouse. |
| Payment methods | Mail payment by money order or certified check only. In person, the Cashier's Office accepts cash, cards with processing fees, money orders and certified checks. No personal checks are accepted. |
| No local estate paperwork | Use the statewide AOC estate forms. Hyde's local forms page does not publish local estate forms, an estate checklist or an estate calendar request. |
| Remote hearing order | The Second Judicial District Remote Hearing Procedures include estate proceedings. The Hyde clerk or the clerk's designee hosts Webex proceedings, but a remote or hybrid hearing is not guaranteed. |
| No booking link | Hyde publishes no appointment scheduler and no walk-in statement. Call before traveling, especially if the trip begins on Ocracoke Island. |
Recent updates
Scenarios
| Scenario | Likely Hyde County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Call the Hyde clerk before filing to ask what the clerk wants for any original will and appointment timing. If the spouse is the sole beneficiary or heir, summary administration may be a statewide path, but the Swan Quarter clerk still handles the filing. | Sunset helps collect account information, organize the will and death certificate details, and generate the packet for the correct statewide form path. |
| Out-of-state adult child w/ small estate | Hyde uses the statewide collection by affidavit form, AOC-E-203B, when that path fits. The adult child should call (252) 926-4700 before mailing anything because Hyde publishes no paper-filing or original-will instructions for estate openings. | Sunset helps determine which institutions hold assets, prepare an estate settlement task list, and reduce unnecessary trips to Swan Quarter. |
| Parent settling predeceased child's estate, home must be sold | A sale of real property usually requires more than a collection by affidavit. The filing still starts with the Hyde clerk in Swan Quarter, and counsel is often useful when title must be cleared or a sale must be coordinated through the estate. | Sunset helps assemble asset information, identify debts, prepare the opening packet and connect the family with a North Carolina probate attorney when a sale or title issue needs legal work. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Clerk of Superior Court, Hyde County | The filing counter for Hyde County estates, including estates involving Ocracoke Island residents. Staff can explain filing logistics but cannot give legal advice. | 40 Oyster Creek Road, Swan Quarter, NC 27885. Mailing: PO Box 337, Swan Quarter, NC 27885. Phone (252) 926-4700. https://www.nccourts.gov/locations/hyde-county |
| Hyde County contact directory | Judicial Branch contact page for the Hyde County Courthouse, including the clerk line and separate magistrate lines. | https://www.nccourts.gov/locations/hyde-county/contact-directory |
| Hyde County payment information | Lists the payment methods accepted by mail and in person at the clerk's office. | https://www.nccourts.gov/locations/hyde-county/hyde-county-payment-information |
| North Carolina Judicial Branch estates help topic | Plain-language court information on wills, letters, what to bring to the clerk and related estate questions. | https://www.nccourts.gov/help-topics/wills-and-estates/estates |
| Decedent's estate procedures pamphlet | Administrative Office of the Courts pamphlet describing procedures for executors, administrators, collectors by affidavit and summary administration. | https://www.nccourts.gov/documents/publications/decedents-estate-procedures-pamphlet |
| Statewide estate forms | The AOC form library used in Hyde County. Filter to Estate (E). | https://www.nccourts.gov/documents/forms |
| Portal | Statewide case search, hearing search and online payment where a case is eligible. If a Hyde estate file does not appear, call the clerk. | https://portal-nc.tylertech.cloud/Portal/ |
| Guide & File | Statewide guided filing tool. The live tool offers a guided interview for summary administration, and the Judicial Branch has announced additional probate interviews. | https://northcarolina.tylertech.cloud/SRL/SRL |
| Legal Aid of North Carolina, Greenville office | Free civil legal help for eligible low-income residents in counties it serves, including Hyde. Ask at intake whether an estate question fits their help areas. | 301 S Evans St, Ste 400, Greenville, NC 27858. Toll free 1-800-682-4592. Local (252) 758-0113. https://legalaidnc.org/get-help/offices/ |
When to hire an attorney
A lawyer is often worth involving when Hyde County real property must be sold or title must be cleared through the estate, heirs disagree, a caveat is threatened, creditors press claims, the personal representative lives out of state and bond questions arise, or the matter is one the clerk cannot decide. The clerk of superior court handles estate proceedings, while claims for monetary damages, caveats and certain other matters go to the Superior Court Division (N.C. Gen. Stat. § 28A-2-4). Sunset connects families with a vetted North Carolina probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions, helps identify accounts and organizes the asset picture for estate settlement before you file in Hyde County.
Generate the probate packet. Sunset uses the information you provide to prepare the right North Carolina estate forms and supporting checklist for the path that fits, so you know what to review before filing with the clerk.
Find a local probate attorney. When a Hyde County estate involves real property, creditor pressure, a possible caveat or a family dispute, Sunset can connect you with a vetted North Carolina probate attorney.
Sunset is free for families. Sunset helps families organize estate settlement tasks, discover assets and understand next steps without charging families for the platform.
Frequently asked questions
Where do I file probate in Hyde County?
File with the Clerk of Superior Court at the Hyde County Courthouse in Swan Quarter. The street address is 40 Oyster Creek Road, Swan Quarter, NC 27885. The mailing address is Hyde County Courthouse, PO Box 337, Swan Quarter, NC 27885.
Does Ocracoke Island have its own probate filing office?
No separate Ocracoke clerk's estates counter is published. The Judicial Branch lists an Ocracoke magistrate phone line, but estate filings for Ocracoke Island are handled through the Swan Quarter clerk's office.
Do I need an appointment to open an estate in Hyde County?
Hyde County publishes no appointment booking link and no walk-in policy for estate openings. Call the clerk at (252) 926-4700 before you travel or mail papers.
Can I e-file a Hyde County estate?
eCourts is live statewide. Attorneys use File & Serve, and self-represented individuals may use File & Serve but are not required to. No Hyde page states how the clerk wants an original will delivered, so call (252) 926-4700 if there is a will.
How much does it cost to open an estate in Hyde County?
Opening an estate costs $120.00 in court costs, effective January 1, 2026 (N.C. Gen. Stat. § 7A-307), plus 40 cents per $100.00 of gross estate, with a $15.00 minimum per filing and a $6,000.00 cap, effective January 1, 2026 (N.C. Gen. Stat. § 7A-307). Hyde does not add a local estate surcharge.
What payment methods does the Hyde clerk accept?
By mail, send a money order or certified check payable to Hyde County Clerk of Superior Court. Do not mail cash or a personal check. In person, the Cashier's Office accepts cash, credit or debit card with processing fees, money order or certified check. Personal checks are not accepted.
Does Hyde County have local probate forms?
No. Hyde County uses the statewide AOC estate forms. The Hyde Local Rules and Forms page does not publish a local estate checklist, local estate cover sheet, local estate calendar request or local estate form.
Can I appear remotely for a Hyde County estate hearing?
The Second Judicial District Remote Hearing Procedures include estate proceedings and use Webex or another AOC-approved tool. A remote or hybrid hearing is not automatic. Ask the Hyde clerk whether the particular hearing can be set remotely, and remember that a party may object under N.C. Gen. Stat. § 7A-49.6.
How do I look up a Hyde County estate case?
Use the statewide Portal at https://portal-nc.tylertech.cloud/Portal/. The site uses a sign-in or security step. If a Hyde estate file does not appear, call the clerk at (252) 926-4700.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.