§ 28A-2A-7 – Probate in solemn form.
28A-2A-7. Probate in solemn form. (a) A person entitled to apply for probate of a will pursuant to G.S. 28A-2A-1 or G.S. 28A-2A-2 may file a petition for probate of the will in solemn form, and the matter shall proceed as an estate proceeding governed by Article 2 of Chapter 28A of the General Statutes. […]
§ 28A-2A-8 – Manner of probate of attested written will.
28A-2A-8. Manner of probate of attested written will. (a) An attested written will, executed as provided by G.S. 31-3.3, may be probated in the following manner: (1) Upon the testimony of at least two of the attesting witnesses; or (2) If the testimony of only one attesting witness is available, then a. Upon the testimony […]
§ 28A-2A-9 – Manner of probate of holographic will.
28A-2A-9. Manner of probate of holographic will. A holographic will may be probated only upon the testimony of at least three competent witnesses that they believe that the will is written entirely in the handwriting of the person whose will it purports to be, and that the name of the testator as written in or […]
§ 28A-2A-10 – Manner of probate of nuncupative will.
28A-2A-10. Manner of probate of nuncupative will. (a) No nuncupative will may be probated later than six months from the time it was made unless it was reduced to writing within 10 days after it was made. (b) Before a nuncupative will may be probated (1) Written notice must be given to the surviving spouse, […]
§ 28A-2A-11 – Probate of wills of members of the Armed Forces of the United States.
28A-2A-11. Probate of wills of members of the Armed Forces of the United States. In addition to the methods already provided in existing statutes therefor, a will executed by a person while in the Armed Forces of the United States or the United States Merchant Marine, shall be admitted to probate (whether there were subscribing […]
§ 28A-2A-12 – Probate conclusive until vacated; substitution of consolidated bank as executor or trustee under will.
28A-2A-12. Probate conclusive until vacated; substitution of consolidated bank as executor or trustee under will. Such record and probate is conclusive in evidence of the validity of the will, until it is vacated on appeal or declared void by a competent tribunal. Provided, that whenever in a will so probated or recorded a bank or […]
§ 28A-2A-13 – Wills filed in clerk's office; certified copies filed for real property in other counties.
28A-2A-13. Wills filed in clerk’s office; certified copies filed for real property in other counties. (a) All original probated wills shall remain in the office of the clerk of superior court, among the public records of the court where the wills were probated. (b) If a probated will devises real property outside the county where […]
§ 28A-2A-1 – Executor may apply for probate.
28A-2A-1. Executor may apply for probate. Any executor named in a will may, at any time after the death of the testator, apply to the clerk of the superior court, having jurisdiction, to have the will admitted to probate. (C.C.P., s. 439; Code, s. 2151; Rev., s. 3122; 1919, c. 15; C.S., s. 4139; 1921, […]
§ 28A-2A-2 – Executor failing, beneficiary may apply.
28A-2A-2. Executor failing, beneficiary may apply. If no executor applies to have the will proved within 60 days after the death of the testator, any devisee named in the will, or any other person interested in the estate, may make such application, upon 10 days’ notice thereof to the executor. For good cause shown, the […]
§ 28A-2A-3 – Clerk to notify devisees of probate of wills.
28A-2A-3. Clerk to notify devisees of probate of wills. The clerks of the superior court of the State are hereby required and directed to notify by mail, all devisees whose addresses are known, designated in wills filed for probate in their respective counties. All expense incident to such notification shall be deemed a proper charge […]