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Wake County, NC Probate Information
Quick facts
| Item | Wake County detail |
|---|---|
| Filing office | Estates Division of the office of the Clerk of Superior Court of Wake County, Wake County Courthouse, Room 1207, twelfth floor |
| Courthouse address | Wake County Courthouse, 316 Fayetteville St. Mall, Raleigh, NC 27601 |
| Mailing address | Wake County Clerk of Superior Court, ATTN: Estates Division, P.O. Box 351, Raleigh, NC 27602 |
| Estates phone | (919) 792-4450 |
| Main courthouse line | (919) 792-4000 |
| Fax | No fax is published for the Wake County Courthouse, the Clerk of Superior Court or the Estates Division. |
| Hours | Monday through Friday, 8:30 a.m. to 5:00 p.m.; closed Saturday and Sunday |
| Court costs | Effective January 1, 2026, opening an estate costs $120.00 in court costs, plus 40 cents per $100.00 of gross estate, with a $15.00 minimum per filing and a $6,000.00 cap (N.C. Gen. Stat. § 7A-307). |
| Local estates forms | Wake publishes no local estates form or local estates rule. Use the statewide AOC-E estate forms. |
| Appointments | Appointments are encouraged for meeting with the Estates Division, but no appointment is needed simply to file documents. The Estates Division says scheduling is moving from its SimplyBook page to a new booking page. |
| E-filing | File & Serve is available through the statewide eCourts system. Attorneys must use File & Serve; self-represented individuals may use it but are not required to. |
| Case search | Use statewide Portal. Search public case information by party name or case number and filter the location to Wake. |
| Remote options | Wake publishes phone appointments for meeting with the Estates Division. Wake does not publish a local remote-appearance practice for estate matters. |
| Website | https://www.nccourts.gov/locations/wake-county |
Before you begin — know the assets and liabilities
Before you file in Wake County, make a working list of the decedent's assets, debts, accounts, real estate, vehicles, beneficiaries and likely creditors. The clerk's estates counter can receive filings and issue letters, but it cannot choose the estate path for you or complete forms for you.
Sunset's estate settlement tools help families organize that information first, including asset discovery across more than 2,300 institutions, so you can decide what needs to be filed with the Wake Estates Division and what can be handled outside court.
Which court handles jurisdiction
One clerk of superior court serves Wake County estates at the Wake County Courthouse in Raleigh. Estate administration is handled at the Courthouse on Fayetteville Street, not at the Wake County Justice Center on South Salisbury Street, which is used for criminal matters and marriages.
The Estates Division is in Room 1207 on the twelfth floor. Special Proceedings is a separate counter in Room 1220 on the same floor, and the Civil Division of the Clerk of Court is on the first floor.
Wake County includes Apex, Cary, Fuquay-Varina, Garner, Holly Springs, Knightdale, Morrisville, Raleigh, Rolesville, Wake Forest, Wendell and Zebulon. Angier and Durham also extend into Wake County. If the decedent was domiciled in Wake County at death, venue for probate of a will and estate administration is Wake County (N.C. Gen. Stat. § 28A-3-1).
The jurisdiction process
- Choose the right statewide AOC-E form path. Use AOC-E-201 when there is a will and the applicant seeks letters testamentary or administration c.t.a.; use AOC-E-202 when there is no will; use AOC-E-203B for collection by affidavit; use AOC-E-905 or AOC-E-906 for summary administration; and use the accounting and inventory forms as the case progresses.
- Prepare the opening packet before you contact the Wake Estates Division. The Judicial Branch tells filers to gather the will if there is one, a certified death certificate, an application and preliminary inventory, and the court cost.
- File with the Estates Division at the Wake County Courthouse, Room 1207, twelfth floor. For a qualification, use the Estates Division's appointment process or call (919) 792-4450. For filings that do not require a clerk meeting, Wake says documents may be mailed with the proper payment to ATTN: Estates Division, P.O. Box 351, Raleigh, NC 27602, or dropped off at the counter.
- Deliver the original will if there is one. Wake does not publish a separate original-will instruction, so bring or send the original will to the Estates Division and call (919) 792-4450 first if you need current delivery instructions.
- Pay the estate court costs. Effective January 1, 2026, opening an estate costs $120.00 in court costs, plus 40 cents per $100.00 of gross estate, with a $15.00 minimum per filing and a $6,000.00 cap (N.C. Gen. Stat. § 7A-307).
- Receive authority from the clerk if the application is approved. A personal representative is the estate fiduciary; in a will case the clerk issues letters testamentary to an executor, and in an intestate case the clerk issues letters of administration to an administrator.
- Give creditor notice and administer the estate. A personal representative or collector must publish or post notice to creditors once a week for four consecutive weeks, with the claims date at least three months after first publication or posting (N.C. Gen. Stat. § 28A-14-1).
- Use Wake's published remote options only for what they cover. Wake publishes phone appointments for clerk meetings, but it publishes no local remote-appearance practice for estate proceedings. If a hearing or clerk conference is set, ask the Estates Division how that specific matter will be handled.
- File the inventory, accounts and closing papers. The inventory form AOC-E-505 is due within three months after qualification, and accountings use AOC-E-506. Sunset can help keep the estate settlement tasks, documents and account information organized while you work toward closing.
Forms and documents
Probate forms in Wake County
Wake County does not publish a local estates form, local estates rule, estates checklist or estates calendar-request form. Estate filers use the statewide North Carolina AOC-E form set, available through the Judicial Branch forms page.
| Form | Use |
|---|---|
| AOC-E-201 | Application for probate and letters testamentary or administration c.t.a. 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 collection by affidavit |
| AOC-E-204 | Affidavit of collection, disbursement and distribution, the form that closes collection by affidavit |
| AOC-E-505 | Inventory for decedent's estate, due within three months after qualification |
| AOC-E-506 | Account for annual and final accounting |
| AOC-E-905 | Application for probate and petition for summary administration when there is a will |
| AOC-E-906 | Petition for summary administration of estate without a will |
| AOC-E-100 | Petition and assignment year's allowance. The current AOC-E-100 applies to decedents dying on or after March 1, 2024; an estate for an earlier death uses the prior version. |
| AOC-E-650 | Estates action cover sheet |
| AOC-E-102 | Estates proceedings summons when a summons is needed |
Local nuance
Wake County-specific considerations
| Wake County point | Why it matters |
|---|---|
| Use the Estates Division line | The Wake estates phone is (919) 792-4450. The general courthouse line is (919) 792-4000. |
| Go to the correct building | Estate administration is at the Wake County Courthouse on Fayetteville Street. The Wake County Justice Center is a different building. |
| Use the correct room | The Estates Division is Room 1207 on the twelfth floor. Special Proceedings is a separate counter in Room 1220. |
| Appointments are encouraged | Wake publishes an online appointment process for estates because of case volume, but says no appointment is needed simply to file documents. |
| Mail is a real filing route for some documents | Wake tells filers they may mail documents with the proper payment to ATTN: Estates Division, P.O. Box 351, Raleigh, NC 27602, for filings that do not need a clerk meeting. |
| Wake has an in-courthouse help center | The Wake County Legal Support Center is in Room 125 of the same courthouse and helps self-represented litigants understand court process and find forms, but it does not give legal advice. |
Recent updates
Scenarios
| Situation | Wake path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying what passes outside the estate and what needs Wake County clerk action. If the spouse is the only beneficiary or heir, ask whether summary administration fits; if the home must be sold through the estate, full administration may be needed. | Sunset helps separate jointly owned assets from estate assets, organize the documents for the Estates Division and prepare questions for a Wake probate attorney if title or sale issues are involved. |
| Out-of-state adult child with a small estate | Wake allows some non-qualification filings by mail to the Estates Division's P.O. Box, and phone appointments are published. Collection by affidavit may be the court path if the statewide requirements are met. | Sunset helps gather account information remotely, identify which institutions need court paperwork and assemble a filing packet before you mail, drop off or schedule with the Wake Estates Division. |
| Parent settling predeceased child's estate, home must be sold | Use the Wake Estates Division in Room 1207 for the opening filing. Because a sale of real property through the estate can require full administration and careful authority from the clerk, legal advice often makes sense. | Sunset helps build the asset and debt inventory, generate the estate settlement task list and connect the family with a local probate attorney when a home sale or disputed issue needs counsel. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Wake County Legal Support Center | Walk-in help for self-represented litigants in the Wake County Courthouse. It can explain court process, offer forms, give lawyer referral information and refer you to agencies, but it cannot give legal advice or fill out forms for you. | Room 125, 316 Fayetteville St., Raleigh, NC 27601; 919-792-5374; https://wakelsc.org/ |
| Estates Division, Clerk of Superior Court of Wake County | The Wake counter that opens and administers decedent estates. It also publishes appointment information and self-help packet instructions. | Room 1207, twelfth floor, Wake County Courthouse; (919) 792-4450; https://wakeestates.simplybook.me/v2/ |
| Wake County contact directory, North Carolina Judicial Branch | Official Wake court phone directory, including the Estates line. | https://www.nccourts.gov/locations/wake-county/contact-directory |
| Wake County Courthouse page, North Carolina Judicial Branch | Courthouse address, mailing address, hours and building directory. | https://www.nccourts.gov/locations/wake-county/wake-county-courthouse |
| Estates help topic, North Carolina Judicial Branch | State court explanation of estates, letters, what to bring to the clerk and basic administration steps. | https://www.nccourts.gov/help-topics/wills-and-estates/estates |
| Decedent's Estate Procedures pamphlet | Administrative Office of the Courts pamphlet summarizing procedures for executors, administrators, collection by affidavit and summary administration. | https://www.nccourts.gov/documents/publications/decedents-estate-procedures-pamphlet |
| Guide & File | Guided online interviews are available statewide for year's allowance, summary administration and small estate administration. Guide & File has no interview for opening a full administration. | https://northcarolina.tylertech.cloud/SRL/SRL |
| Legal Aid of North Carolina, Raleigh office | Free civil legal help for people with low incomes. The Raleigh office serves Wake and Johnston counties. Estate administration is not listed among its issue areas, so apply and ask whether help is available for your situation. | 1425 Promise Beacon Circle, Suite 201, Raleigh, NC 27610; 919-828-4647; statewide helpline 1-866-219-5262; https://legalaidnc.org/offices/ |
| North Carolina Bar Association Lawyer Referral Service | Referral service for finding a North Carolina attorney. The Wake Estates Division points filers to this service when legal advice is needed. | https://www.ncbar.org/members/resources/lawyer-referral-service/ |
| Portal, North Carolina Judicial Branch | Statewide public case search. Estates is an advanced filtering category, and Wake can be selected as the location. | https://portal-nc.tylertech.cloud/Portal/ |
| Statewide estate forms, North Carolina Judicial Branch | AOC-E forms used in every North Carolina county, searchable by keyword or form number and filterable to Estate (E). | https://www.nccourts.gov/documents/forms |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families search across more than 2,300 institutions, organize real estate, vehicles, accounts and debts, and understand what may need Wake County estate settlement paperwork.
Generate the probate packet. Sunset turns the information you provide into a structured packet for the Wake Estates Division, including the forms and task list that fit the estate path you select.
Find a local probate attorney. If the estate involves a home sale, a caveat, creditor disputes or questions the clerk cannot answer, Sunset can connect you with a vetted North Carolina probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, find assets, prepare documents and get connected to help without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Wake County?
File with the Estates Division of the office of the Clerk of Superior Court of Wake County at the Wake County Courthouse, Room 1207, twelfth floor, 316 Fayetteville St. Mall, Raleigh, NC 27601. Mail for estates goes to ATTN: Estates Division, P.O. Box 351, Raleigh, NC 27602.
Is the Wake County estates phone different from the main courthouse phone?
Yes. The Estates Division line is (919) 792-4450. The main courthouse and general clerk line is (919) 792-4000.
Do I need an appointment to file an estate in Wake County?
Wake says appointments are encouraged to meet with a clerk because of case volume, but no appointment is needed simply to file the required documents. Non-qualification filings may be mailed with the proper payment or dropped off at the counter.
Can I e-file a Wake County estate?
North Carolina uses statewide File & Serve. Attorneys must use File & Serve, and self-represented individuals may use it but are not required to. Wake also publishes in-person, mail and drop-off options for estates filings. Do not e-file an original will as if it were the original paper document; call the Estates Division at (919) 792-4450 if you need current delivery instructions.
How much does it cost to open an estate in Wake County?
Effective January 1, 2026, opening an estate costs $120.00 in court costs, plus 40 cents per $100.00 of gross estate, with a $15.00 minimum per filing and a $6,000.00 cap (N.C. Gen. Stat. § 7A-307). Wake does not add a county surcharge.
Does Wake County have its own probate forms?
No. Wake publishes no local estates form or local estates rule. Use the statewide AOC-E estate forms, including AOC-E-201 for a will case, AOC-E-202 for an intestate administration, AOC-E-203B to open collection by affidavit and AOC-E-204 to close collection by affidavit.
Can I look up a Wake County estate online?
Use statewide Portal and search by party name or case number, filtering the location to Wake. Portal provides public case information. Whether documents themselves are viewable online is not guaranteed.
Does Wake County hold estate hearings remotely?
Wake publishes no local remote-appearance practice for estate matters. North Carolina law permits judicial officials to use approved audio and video proceedings in some circumstances (N.C. Gen. Stat. § 7A-49.6), but Wake's published remote option for the Estates Division is phone appointments for clerk meetings, not a published remote hearing rule.
Do I have to travel to Raleigh to handle a Wake County estate?
Not for every task. Wake says documents that do not require a clerk meeting may be mailed with the proper payment to the Estates Division P.O. Box, and it publishes phone appointments. A qualification, original will delivery or clerk conference may still require specific handling, so call (919) 792-4450 before making travel plans.
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.