This scenario comes up on occasion with abroad clients: Someone lives in North Carolina for years, executes a valid NC will, then moves to Peru, Spain, Costa Rica, or somewhere similar. Years later, they pass away overseas but still own property in North Carolina. Sometimes it’s a house. Sometimes it’s a bank account, a vehicle, or other personal property.
Families ask whether the old North Carolina will still works. It does. The only question is how much paperwork will be involved.
If You Own Property in North Carolina, You Can Probate in North Carolina
Under N.C. Gen. Stat. § 28A‑3‑1(2), probate can be opened in North Carolina whenever a nonresident dies owning any property here. That includes real estate, bank accounts, investment accounts, vehicles, and other personal property. You file in the county where the property is located.
Your North Carolina Will Remains Valid
A will properly executed in North Carolina stays valid under § 31‑46, even if the person later moved abroad and died there. If it was signed and properly executed with two witnesses in NC, it still stands (as long as it hasn’t been revoked of course).
North Carolina Probate Is Always “Ancillary” for Foreign Domiciliaries
Here’s the technical piece: When someone dies domiciled in Peru, Peru has the primary (domiciliary) jurisdiction under § 28A‑26‑1. North Carolina probate is considered ancillary because the person wasn’t living here when they died.
This is true whether or not Peru actually opens a probate case.
The term “ancillary” is a jurisdictional label based on where the person was domiciled at death, not whether another country’s probate proceeding exists.
When Peru Does Not Open Probate
Maybe there were no Peruvian assets. Maybe Peru doesn’t require probate for what the person owned. Or maybe the family simply didn’t start anything there.
The North Carolina probate is still considered ancillary (because the person died domiciled in Peru), but you probate the original NC will rather than filing certified copies from Peru.
You will need:
- The original NC will
- A certified Peruvian death certificate with an apostille and full English translation
- A standard NC probate filing under § 28A‑3‑1(2)
This applies whether the NC property is a house, a bank account, a vehicle, or any other personal property.
The Death Certificate Is Usually the Most Time‑Consuming Step
For Peru and indeed most countries that are signatories to the Hague Apostille Convention, the process usually involves:
- Getting a certified copy from that government’s vital records division
- Obtaining an apostille from the government
- Having the entire document translated into English, including stamps and seals, with a translator’s certification of accuracy
North Carolina clerks will check that every part of the document has been translated.
Bottom Line
Moving abroad does not invalidate your North Carolina will. If you still own any property in North Carolina, whether real or personal, your family can probate the will here as ancillary administration. Expect extra steps involving apostilles and translations, but the process is absolutely manageable.
