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Pender County, NC Probate Information
Quick facts
| Item | Pender County information |
|---|---|
| Court | Clerk of Superior Court, Pender County, serving as ex officio judge of probate for estate matters |
| Courthouse address | Pender County Courthouse, 100 S Wright St, Burgaw, NC 28425 |
| Mailing address | Pender County Courthouse, PO Box 310, Burgaw, NC 28425 |
| Phone | (910) 663-3900. This is both the courthouse main number and the Clerk of Superior Court number. No separate Estates line is published. |
| Fax | No clerk fax is published by the Judicial Branch for Pender County. |
| Hours | Monday through Friday, 8:30 a.m. to 5:00 p.m. No lunch closure or filing cutoff is published. |
| Filing cost | Opening an estate costs $120.00 in court costs, effective January 1, 2026, under N.C. Gen. Stat. § 7A-307, plus 40 cents per $100.00 of the gross estate, with a minimum of $15.00 per filing and a $6,000.00 cap under N.C. Gen. Stat. § 7A-307. |
| Payment methods | By mail, money order or certified check only, payable to Pender County Clerk of Superior Court. In person at the courthouse Cashier's Office, cash, card with processing fees, money order or certified check. No personal checks. |
| Local forms | Pender publishes no local estate form, local estate checklist or estate calendar request. Use the statewide North Carolina AOC estate forms. |
| E-filing | File & Serve is available statewide. Attorneys must use File & Serve. Self-represented filers may use it, but should call the clerk about the original will and any paper step. |
| Case search | Use the statewide Portal at https://portal-nc.tylertech.cloud/Portal/. If a Pender estate file does not appear, call the clerk at (910) 663-3900. |
| Remote appearance | North Carolina law permits audio and video proceedings in some circumstances under N.C. Gen. Stat. § 7A-49.6, but Pender publishes no remote procedure for estate matters before the clerk. |
| Website | https://www.nccourts.gov/locations/pender-county |
Before you begin — know the assets and liabilities
Before you choose a form or go to Burgaw, make a working list of the decedent's assets, debts, real property, vehicle titles, bank accounts, beneficiary designations and likely creditors. In Pender County, that early asset picture matters because beach property, second homes and out-of-state heirs can change where the estate should open and whether the clerk can handle the matter without a larger title or creditor dispute.
Sunset's estate settlement platform searches across more than 2,300 institutions to help families find accounts and assets, organize debts and prepare the information needed for the Pender County clerk's counter. A cleaner asset list makes the first call to (910) 663-3900 more useful, especially because Pender publishes no booking link and no walk-in policy.
Which court handles jurisdiction
Pender County estates are filed with the Clerk of Superior Court at the Pender County Courthouse in Burgaw. The Frances Dawson Basden Judicial Annex at 100 Dickerson Street is also a Judicial Branch location in Burgaw, but the published clerk line and Cashier's Office are tied to the courthouse on S Wright St, and estate mail should go to PO Box 310.
The county seat is Burgaw. Pender County includes the towns of Atkinson, Burgaw, St. Helena, Surf City, Topsail Beach and Watha, and the communities of Currie, Hampstead, Maple Hill, Penderlea, Rocky Point, Scotts Hill and Willard.
Venue is county based. A North Carolina estate is opened in the county where the decedent was domiciled at death, or, for a decedent not domiciled in North Carolina, in a county where the decedent left property or into which estate property has come (N.C. Gen. Stat. § 28A-3-1). For a Pender beach house or second home, the location of the property does not automatically control if the decedent was domiciled somewhere else.
The jurisdiction process
- Decide the filing path from the will, the family situation and the asset and debt picture. North Carolina estate matters are handled before the clerk of superior court, who is the ex officio judge of probate, and the Pender filing counter is at the courthouse in Burgaw.
- Get the correct statewide AOC estate form. Use AOC-E-201 for a testate estate, AOC-E-202 for an intestate estate, AOC-E-203B to open a collection of personal property by affidavit, AOC-E-505 for the inventory and AOC-E-506 for accounts.
- Collect what the court tells filers to bring: the will if there is one, a certified death certificate, an application and preliminary inventory, and payment. Pender families can obtain a certified death certificate from the Pender County Register of Deeds, a county office separate from the court.
- Call the clerk at (910) 663-3900 before traveling or mailing papers. Pender publishes no booking link, no walk-in policy and no local instruction for how the clerk wants an original will delivered.
- File with the Clerk of Superior Court at the Pender County Courthouse, 100 S Wright St, Burgaw, NC 28425, or mail court papers to Pender County Courthouse, PO Box 310, Burgaw, NC 28425 when mailing is appropriate. Do not use the judicial annex post office box for estate mail.
- Pay the statutory court costs using a Pender accepted method. By mail, send a money order or certified check payable to Pender County Clerk of Superior Court. In person, the courthouse Cashier's Office accepts cash, card with processing fees, money order or certified check. Opening an estate costs $120.00 in court costs, effective January 1, 2026, under N.C. Gen. Stat. § 7A-307, plus 40 cents per $100.00 of the gross estate, with a minimum of $15.00 per filing and a $6,000.00 cap under N.C. Gen. Stat. § 7A-307.
- After qualification, use the letters testamentary or letters of administration issued by the clerk to collect estate property, communicate with institutions and begin estate settlement tasks.
- Publish and mail the notice to creditors as North Carolina law requires. The notice period is tied to first publication or posting, and claims handling is part of the personal representative's administration duties.
- File the inventory and later accounts with the Pender clerk. Keep copies of receipts, disbursements, sale papers and correspondence because the clerk reviews the accounting before the estate closes.
- If a hearing is needed, ask the clerk how it will be scheduled. Pender publishes civil and criminal schedules but no estate calendar. North Carolina law permits some proceedings by audio and video under N.C. Gen. Stat. § 7A-49.6, but Pender publishes no remote appearance procedure for estate matters before the clerk.
- Complete distributions, pay any remaining court costs due under N.C. Gen. Stat. § 7A-307 and file the closing account or closing affidavit required for the path you used.
Forms and documents
Probate forms in Pender County
Pender County uses the statewide North Carolina Administrative Office of the Courts estate forms. The county's local rules and forms page lists criminal, civil, domestic and family materials, but no local estate form, estate checklist, local estate cover sheet or estate calendar request.
| Form | Use in Pender County |
|---|---|
| AOC-E-201 | Application for probate and letters testamentary or administration CTA when there is a will |
| AOC-E-202 | Application for letters of administration when there is no will |
| AOC-E-203B | Affidavit for collection of personal property of decedent, the form that opens a collection by affidavit |
| AOC-E-204 | Affidavit of collection, disbursement and distribution, the form used to close a collection by affidavit |
| AOC-E-505 | Inventory for decedent's estate |
| AOC-E-506 | Account, used for annual and final accounts |
| AOC-E-650 | Estates action cover sheet |
Find the estate form library at https://www.nccourts.gov/documents/forms and filter to Estate (E). Some forms are versioned by date of death, so use the form landing page rather than an old saved PDF.
Local nuance
Pender County-specific considerations
| Local point | What to do |
|---|---|
| One clerk phone line | Call (910) 663-3900 for estate questions. Pender publishes this as both the courthouse main number and the Clerk of Superior Court number, with no separate Estates line. |
| Two Judicial Branch addresses in Burgaw | Use the Pender County Courthouse at 100 S Wright St for estate filings and payments. The Frances Dawson Basden Judicial Annex has its own address and PO Box, but estate mail should go to PO Box 310 for the courthouse. |
| Payment restrictions | Do not mail cash or personal checks. Mail a money order or certified check payable to Pender County Clerk of Superior Court. In person, use the courthouse Cashier's Office. |
| Death certificate office moved | The Pender County Register of Deeds, which issues certified death certificates, is currently at 803 S. Walker Street in Burgaw and asks people needing in person help to call ahead. |
| No published estate calendar | Ask the clerk when any estate hearing can be heard. Pender publishes no estate hearing days or filing to hearing timeline. |
| No published appointment policy | Call before traveling to Burgaw because Pender publishes neither a booking link nor a walk-in statement for opening an estate. |
Recent updates
| Date | Local change | Why it matters for estate settlement |
|---|---|---|
| July 14, 2026 | Pender County announced that the Register of Deeds and Tax Office relocated to 803 South Walker Street in Burgaw after water damage at the Howard Holly Building. The county said residents needing in person help should call ahead, and that a long term location decision would follow an assessment. | The Register of Deeds is a county office, not the court, but it is where a Pender family obtains the certified death certificate the clerk asks for. The clerk of superior court remains at 100 S Wright St. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Pender County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with the deed, mortgage, beneficiary designations and the will, then call the Pender clerk before going to Burgaw. If the home is in Hampstead, Topsail Beach, Surf City, Burgaw or another Pender community, venue still depends on domicile and the North Carolina venue rule. | Sunset helps identify accounts, organize the home and debt picture, and flag when a local real property title question should go to counsel. |
| Out-of-state adult child with small estate | Use the statewide form set and call (910) 663-3900 about mailing papers to PO Box 310 and delivering any original will. A trip to Burgaw is not always the first step, but Pender publishes no appointment or original will procedure. | Sunset helps gather financial institution information, prepare an estate settlement packet and keep the Pender mailing address and payment method straight. |
| Parent settling predeceased child's estate, home must be sold | A sale that runs through the estate can require clerk involvement, and Pender publishes no estate calendar. Ask the clerk how any hearing will be set and whether anything can be handled without another trip to Burgaw. | Sunset helps organize the asset list, sale related documents and creditor information, then connects the family with a vetted attorney if a sale, dispute or court hearing needs counsel. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Clerk of Superior Court, Pender County | Filing counter for Pender estate matters. Staff can explain what the clerk requires for filing, but cannot give legal advice. | Pender County Courthouse, 100 S Wright St, Burgaw, NC 28425. Mailing: PO Box 310, Burgaw, NC 28425. Phone (910) 663-3900. Monday through Friday, 8:30 a.m. to 5:00 p.m. https://www.nccourts.gov/locations/pender-county |
| Pender County contact directory | Judicial Branch list of Pender courthouse and annex phone numbers. | https://www.nccourts.gov/locations/pender-county/contact-directory |
| Pender County payment information | Explains payment methods, payee name and the Cashier's Office at the courthouse. | https://www.nccourts.gov/locations/pender-county/pender-county-payment-information |
| Pender County Register of Deeds | County office for certified death certificates. It is separate from the clerk and is not a place to file an estate. | 803 S. Walker Street, Burgaw, NC 28425. Phone (910) 259-1225. Monday through Friday, 8:00 a.m. to 5:00 p.m. https://www.pendercountync.gov/269/Register-of-Deeds |
| North Carolina Judicial Branch estates help topic | Court plain language guidance on wills, letters, what to bring to the clerk and common estate questions. | https://www.nccourts.gov/help-topics/wills-and-estates/estates |
| Decedent's estate procedures pamphlet | Administrative Office of the Courts overview for executors, administrators, collectors by affidavit and summary administration. | https://www.nccourts.gov/documents/publications/decedents-estate-procedures-pamphlet |
| Statewide estate forms | North Carolina AOC form library. Filter to Estate (E) for the forms used in Pender County. | https://www.nccourts.gov/documents/forms |
| Portal | Statewide case information and hearing search, with online payment where a case is eligible. | https://portal-nc.tylertech.cloud/Portal/ |
| Guide & File | Free guided document preparation, including a probate interview for summary administration. The Judicial Branch has announced additional probate interviews. | https://northcarolina.tylertech.cloud/SRL/SRL |
| Legal Aid of North Carolina, Wilmington office | Free civil legal help for eligible low-income residents in counties including Pender. Ask intake whether your estate question fits their help areas. | 272 N Front St, Ste 220, Wilmington, NC 28401-3977. Local (910) 763-6207. Statewide intake 1-866-219-5262, 9:00 a.m. to 3:00 p.m. Monday through Friday. https://legalaidnc.org/get-help/offices/ |
When to hire an attorney
Legal counsel makes sense in Pender County when real property must be sold or title must be cleared through the estate, when heirs disagree or a caveat is threatened, when creditors press claims, when the personal representative lives out of state and bond may be an issue, or when a matter is outside what the clerk can decide. The clerk of superior court has original jurisdiction over estate proceedings, but claims for monetary damages, caveats and certain other matters go to the Superior Court Division (N.C. Gen. Stat. § 28A-2-4). Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families identify bank accounts, investment accounts, life insurance, retirement accounts and other assets that affect estate settlement in Pender County.
Generate the probate packet. Sunset turns the asset and family information you provide into an organized packet for the Pender County clerk, including the information needed to choose the right statewide North Carolina estate forms.
Find a local probate attorney. If the estate involves Pender real property, a creditor dispute, a threatened caveat or a hearing before the clerk, Sunset can connect the family with a vetted North Carolina probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, discover assets and understand next steps without paying Sunset a platform fee.
Frequently asked questions
Where do I file probate papers in Pender County?
File with the Clerk of Superior Court at the Pender County Courthouse, 100 S Wright St, Burgaw, NC 28425. Mail for the courthouse goes to Pender County Courthouse, PO Box 310, Burgaw, NC 28425.
Is the Frances Dawson Basden Judicial Annex where I open a Pender estate?
The Judicial Branch lists the annex as a separate Pender County court location at 100 Dickerson Street, but the published clerk line and Cashier's Office are tied to the courthouse on S Wright St. Estate filings and payments should be directed to the Pender County Courthouse, and estate mail should go to PO Box 310.
Does Pender County have an Estates phone number?
No separate Estates line is published. The Judicial Branch lists (910) 663-3900 as both the Pender County Courthouse main number and the Clerk of Superior Court number.
Do I need an appointment to open an estate in Pender County?
Pender publishes no booking link and no walk-in or appointment statement for estate filings. Call (910) 663-3900 before traveling to Burgaw, especially if you are bringing an original will.
Can I e-file a Pender County estate?
File & Serve is available statewide. Attorneys must use File & Serve. Self-represented filers may use it, but Pender does not publish instructions for how the clerk wants an original will delivered, so call (910) 663-3900 before relying on an online filing alone.
How much does it cost to open an estate in Pender County?
Opening an estate costs $120.00 in court costs, effective January 1, 2026, under N.C. Gen. Stat. § 7A-307, plus 40 cents per $100.00 of the gross estate, with a minimum of $15.00 per filing and a $6,000.00 cap under N.C. Gen. Stat. § 7A-307. Pender adds no local estate surcharge.
How do I pay the Pender County clerk?
By mail, send a money order or certified check payable to Pender County Clerk of Superior Court. Do not mail cash or a personal check. In person, pay at the courthouse Cashier's Office by cash, card with processing fees, money order or certified check. Personal checks are not accepted.
Where do I get a certified death certificate for a Pender estate?
The certified death certificate comes from the Pender County Register of Deeds, a county office separate from the court. Its current address is 803 S. Walker Street, Burgaw, NC 28425, and the office asks people needing in person help to call ahead at (910) 259-1225.
Can I look up a Pender County estate online?
Use the statewide Portal at https://portal-nc.tylertech.cloud/Portal/. The site may require sign-in or human verification. If a Pender estate file does not appear, call the Pender clerk at (910) 663-3900.
Can I appear remotely for a Pender County estate hearing?
North Carolina law permits some proceedings by audio and video transmission under N.C. Gen. Stat. § 7A-49.6, but Pender publishes no remote appearance procedure for estate matters before the clerk. If travel to Burgaw is difficult, raise that with the clerk's office.
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.