28A-2B-1. Establishment before death that a will or codicil is valid. (a) Any petitioner who is a resident of North Carolina and who has executed a will or codicil may file a petition seeking a judicial declaration that the will or codicil is valid. (b) The petition shall be filed with the clerk of superior […]
28A-2B-2. Venue. The venue for a petition under G.S. 28A-2B-1 is the county of this State in which the petitioner whose will or codicil is the subject of the petition resides. (2015-205, s. 2; 2017-212, s. 8.2.)
28A-2B-3. Contents of petition for will validity. (a) Petition. – A petition requesting an order declaring that a petitioner’s will or codicil is valid shall be verified and shall contain the following information: (1) A statement that the petitioner is a resident of North Carolina and specifying the county of the petitioner’s residence. (2) Allegations […]
28A-2B-4. Declaration by court; bar to caveat. (a) If the court enters a judgment declaring a will or codicil to be valid, such judgment shall be binding upon all parties to the proceeding, including any persons represented in the proceeding pursuant to the provisions of G.S. 28A-2-7, and no party bound by the judgment shall […]
28A-2B-5. Confidentiality. Following the entry of a judgment, a party to the proceeding may move that the contents of the file be sealed and kept confidential, and upon such motion, the clerk shall seal the contents of the file from public inspection. The contents of the file shall not be released except by order of […]
28A-2B-6. Costs and attorneys’ fees. Costs, including reasonable attorneys’ fees, incurred by a party in a proceeding under this Article shall be taxed against any party, or apportioned among the parties, in the discretion of the court, except that the court shall allow attorneys’ fees for the attorneys of a party contesting the proceeding only […]
