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-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. 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. 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. (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. 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. 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. (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-17. Certified copy of will of nonresident recorded. (a) Subject to the provisions of subsection (b) of this section, if the will of a citizen or subject of another state or country is probated in accordance with the laws of that jurisdiction and a duly certified copy of the will and the probate proceedings are […]
28A-2A-18. Probates validated where proof taken by commissioner or another clerk. In all cases of the probate of any will made prior to March 8, 1899, in common form before any clerk of the superior courts of this State, where the testimony of the subscribing witnesses has been taken in the State or out of […]
28A-2A-19. Probates in another state before 1860 validated. In all cases where any will devises land in this State, and the original will was duly admitted to probate in some other state prior to the year 1860, and a certified copy of such will and the probate thereof has been admitted to probate and record […]
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-20. Validation of wills recorded without probate by subscribing witnesses. In all cases where wills and testaments were executed prior to the first day of January, 1875, and which appear as recorded in the record of last wills and testaments to have had two or more witnesses thereto, and such last wills and testaments were […]
28A-2A-21. Validation of wills admitted on oath of one subscribing witness. In all cases where last wills and testaments which appear as recorded in the record of last wills and testaments to have had two witnesses thereto and such last wills and testaments were admitted to probate and recorded in the record of wills in […]
28A-2A-22. Validation of probates of wills when witnesses examined before notary public; acts of deputy clerks validated. Whenever any last will and testament has been probated, based upon the examination of the subscribing witness or the subscribing witnesses, taken before a notary public in the county in which the will is probated, or taken before […]
28A-2A-23. Validation of wills when recorded without order of probate or registration upon oath and examination of subscribing witness or witnesses. Whenever any last will and testament has been duly presented to the clerk of the superior court, and the said will together with the oath and examination of the subscribing witness or witnesses thereto […]
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 […]
28A-2A-4. Clerk shall compel production of will. Every clerk of the superior court having jurisdiction, on application by affidavit setting forth the facts, shall, by summons, compel any person in the State, having in possession the last will of any decedent, to exhibit the same in his court for probate; and whoever being duly summoned […]
28A-2A-5. What shown on application for probate. On application to the clerk of the superior court, he must ascertain by affidavit of the applicant – (1) That such applicant is the executor or devisee named in the will, or is some other person interested in the estate, and how so interested. (2) The value and […]
28A-2A-6. Proof and examination in writing. Every clerk of the superior court shall take in writing the proofs and examinations of the witnesses touching the execution of a will, and he shall embody the substance of such proofs and examinations, in case the will is admitted to probate, in his certificate of the probate thereof, […]
