|Clerk of Superior Court
The Clerk of Superior Court is elected for four years and must be a resident of the county in which he or she is elected. Unlike clerks of court in other states, the Clerk of Superior Court in North Carolina has numerous judicial functions.
As judge of probate, the Clerk has exclusive original jurisdiction over matters relating to the probate of wills, and the administration of estates, including appointing personal representatives, auditing their accounting, and removing them from office if necessary. The Clerk also presides over many other legal matters including adoptions, incompetency proceedings, condemnation of private lands for public use, and foreclosures. The Clerk is responsible for all clerical and record-keeping functions of the district and superior court. In addition, the Clerk receives and disburses money collected each year from court fees and fines.
Jennifer Knox is the Wake County Clerk of Superior Court. Prior to her election in 2014, Judge Knox served as a District Court Judge in Wake County for 10 years. She also previously worked as an Assistant District Attorney for 4 years. A native of Raleigh, Judge Knox is a graduate of Hale High School, Wingate University and the University of North Carolina at Chapel Hill School of Law. She is currently a member of the Board of Visitors at Wingate University and serves on the North Carolina Domestic Violence Commission and the Wake County Domestic Violence Fatality Task Force.
- N.C. General Statutes for Expungements:
Article 5. Expunction of Records.
- Pay your ticket online: www.nccourts.org/eServices/
- Help! I missed my court date! www.nccourts.org/County/Wake/Calendars.asp If you missed your court date, you may ask the Judge who presided at your scheduled hearing to grant you a new court date by coming to Room 1000 in the Wake County Justice Center and filling out a Motion for a new court date. After the Judge decides whether to give you a new court date, you will receive notice of your new date in the mail at the address that you provided on your motion.
Convenience and VL Court: You may resolve simple traffic tickets, city code violations, and Class 3 misdemeanors Monday-Friday from 2-3:30pm at the Courtroom 101 Kiosk. All court fines and costs must be immediately paid to the cashier. This is only for future or past court dates.
- Expungements: There are several different types of expunctions, depending on the type of case and its outcome. There may be a fee to file your petition for expunction, depending on your individual case. The laws regarding expungement are very complex and therefore it is highly recommended you consult with an attorney.
- N.C. General Statutes:
N.C. Gen. Stat. 15A-145.5 - Expunge Certain Misdemeanor and Felony Convictions without Age Limitation
N.C. Gen. Stat. 15A-145.4 - Expunge Felonies Committed by a Minor
N.C. Gen. Stat. 7B-3200 - Expunge Record of Undisciplined or Delinquent Juvenile
N.C. Gen. Stat. 15A-145.2 - Expunge Certain Dismissed Drug Offenses for First Offenders Not Over 21
N.C. Gen. Stat. 15A-145 - Expunge Larceny Conviction
Criminal Record Checks: www.nccourts.org/Citizens/GoToCourt/Obtainsingle.asp
- Small Claims Court: This is where people settle disputes regarding property or money worth $10,000 or less. The filing fee is $96.
- Domestic Violence: You may seek a Domestic Violence (50B) Restraining Order on the 5th floor of the Wake County Courthouse 8:30am-5:00pm Monday-Friday, excluding holidays. There is no cost. All ex parte emergency hearings are heard at 2:00pm in Courtroom 5A. All hearings for a permanent restraining order are heard at 9:00am in Courtroom 5A. Complaint and Motion for Domestic Violence Protective Order
- Family Court: www.nccourts.org/County/Wake/Courts/Family
- Estates: FAQs
| Estates Procedures manual
- Self-Help Packets: For a self-help packet to apply for Letters of Testamentary or Letters of Administration, either download the appropriate forms from the Estate Forms section of this website or send an email to firstname.lastname@example.org for an automatic response including the packet.
Appointments: Effective October 1, 2015 we will no longer service walk-ins to our office. You must schedule an appointment to meet with a clerk regarding an estate. To schedule an appointment, please email us at Wake.Estates.Appointments@nccourts.org.
Email Copy Requests to Wake.Estates.CopyRequest@nccourts.org and include the following information. You may also mail or fax Copy Requests.
- Your contact information, including a phone number at which you can be reached
- Estate File Number
- Estate Name
- The document or documents you wish to have copied (If you would like a copy of the entire file, indicate as much.)
- The number of copies desired
- Whether you want plain, certified, certified true, or exemplified copies
- If you are the Executor, Administrator, Personal Representative, or Attorney for the Estate and you would like the copies billed to the file for faster processing, please indicate as much.
- If you have already submitted payment of fees and your return envelope by mail, please let us know.
- Name Changes To resume a previous name as the result of divorce or death of a spouse, you will need to complete form SP-600. The fee is $10. Note: When resuming a previous name as the result of the death of a spouse, you must provide a death certificate with the completed form. For other name changes, forms are available in the Special Proceedings Department on the 12th floor of the Wake County Courthouse. The filing fee is $120.
- Foreclosures and Upset Bids: We cannot research or provide any information about foreclosures or upset bids over the phone. You must come to our office to view individual files which are listed by owner name, not by property address.
- Guardianships: Responsibilities of Guardians in North Carolina
- Adoptions: DHHS Adoption Checklist
| Adoption Statutes