§ 31-62 – Modification of will to achieve testator's tax objectives.
31-62. Modification of will to achieve testator’s tax objectives. To achieve a testator’s tax objectives, the court may modify the terms of a will in a manner that is not contrary to the testator’s probable intent. The court may provide that the modification has retroactive effect. (2017-152, s. 1.)
§ 31-36 – Effect of caveat on estate administration.
31-36. Effect of caveat on estate administration. (a) Order of Clerk. – Where a caveat is filed, the clerk of the superior court shall forthwith issue an order that shall apply during the pendency of the caveat to any personal representative, having the estate in charge, as follows: (1) Distributions to beneficiaries. – That there […]
§ 31-37.1 – Settlement agreement; filing of judgment.
31-37.1. Settlement agreement; filing of judgment. (a) Prior to an entry of judgment by the superior court in a caveat proceeding, the parties may enter into a settlement agreement, which must be approved by the superior court. Upon approval of a settlement agreement, the court shall enter judgment, without a verdict by a jury, in […]
§ 31-38 – Devise presumed to be in fee.
31-38. Devise presumed to be in fee. When real estate shall be devised to any person, the same shall be held and construed to be a devise in fee simple, unless such devise shall, in plain and express words, show, or it shall be plainly intended by the will, or some part thereof, that the […]
§ 31-39 – Probate necessary to pass title; rights of lien creditors and purchasers; recordation in county where real property lies.
31-39. Probate necessary to pass title; rights of lien creditors and purchasers; recordation in county where real property lies. (a) A duly probated will is effective to pass title to real and personal property. (b) A will is not effective to pass title to real or personal property as against lien creditors or purchasers for […]
§ 31-40 – What property passes by will.
31-40. What property passes by will. Any testator, by the testator’s a will duly executed, may devise or dispose of all real and personal property which the testator shall be entitled to at the time of the testator’s death, and which, if not so devised or disposed of, would descend or devolve upon the testator’s […]
§ 31-31.1 – 31-12 through 31-31.2Recodified as Article 2A of Chapter 28A of the General Statutes, G.S28A-2A-1 through G.S28A-2A-23, by Session Laws 2011-344, s3, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
31-12 through 31-31.2: Recodified as Article 2A of Chapter 28A of the General Statutes, G.S. 28A-2A-1 through G.S. 28A-2A-23, by Session Laws 2011-344, s. 3, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
§ 31-31.2 – 31-12 through Recodified as Article 2A of Chapter 28A of the General Statutes, G.S28A-2A-1 through G.S28A-2A-23, by Session Laws 2011-344, s3, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
31-12 through 31-31.2: Recodified as Article 2A of Chapter 28A of the General Statutes, G.S. 28A-2A-1 through G.S. 28A-2A-23, by Session Laws 2011-344, s. 3, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
§ 31-32 – Filing of caveat.
31-32. Filing of caveat. (a) At the time of application for probate of any will, and the probate thereof in common form, or at any time within three years thereafter, any party interested in the estate, may appear in person or by attorney before the clerk of the superior court and enter a caveat to […]
§ 31-33 – Cause transferred to trial docket.
31-33. Cause transferred to trial docket. (a) Upon the filing of a caveat, the clerk shall transfer the cause to the superior court for trial by jury. The caveat shall be served upon all interested parties in accordance with G.S. 1A-1, Rule 4 of the Rules of Civil Procedure. (b) After service under subsection (a) […]