§ 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-14 – Validation of wills heretofore certified and recorded.
28A-2A-14. Validation of wills heretofore certified and recorded. All wills which have prior to March 9, 1921, been certified and recorded in the office of the clerk of the superior court of any county, substantially following the provisions of G.S. 28A-2A-13, are hereby validated and approved as to the conveyance and transfer of any title […]
§ 28A-2A-15 – Certified copy of will proved in another state or country.
28A-2A-15. Certified copy of will proved in another state or country. When a will, made by a citizen of this State, is proved and allowed in some other state or country, and the original will cannot be removed from its place of legal deposit in such other state or country, for probate in this State, […]
§ 28A-2A-16 – Examination of witnesses by affidavit.
28A-2A-16. Examination of witnesses by affidavit. (a) The examination of witnesses to a will may be taken and subscribed in the form of an affidavit before a notary public or other person who is authorized to administer oaths in the jurisdiction where the examination is held. (b) A photographic copy of the original will certified […]
§ 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-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 […]