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Home » US Law » 2022 North Carolina General Statutes » Chapter 28A - Administration of Decedents' Estates » Article 3 - Venue for Probate of Wills and Administration of Estates of Decedents.

§ 28A-3-1 – Proper county.

28A-3-1. Proper county. The venue for the probate of a will and for all proceedings relating to the administration of the estate of a decedent shall be: (1) In the county in this State where the decedent was domiciled at the time of the decedent’s death; or (2) If the decedent had no domicile in […]

§ 28A-3-2 – Proceedings to determine venue.

28A-3-2. Proceedings to determine venue. (a) If proceedings are commenced in more than one county or if upon commencement of a proceeding a question arises as to the proper county of venue, or if for any other reason a delay arises in determining venue, the matter shall be referred by the clerk of superior court […]

§ 28A-3-3 – Procedure after determination of improper appointment.

28A-3-3. Procedure after determination of improper appointment. Where a person has been improperly appointed, and a different person in another county is determined under G.S. 28A-3-2(a) to be the properly appointed personal representative, such improperly appointed personal representative shall surrender to the properly appointed personal representative all assets of the estate under control of the […]

§ 28A-3-4 – Liability of personal representative appointed in improper county.

28A-3-4. Liability of personal representative appointed in improper county. When a personal representative has been appointed in an improper county, and a different person in another county is determined under G.S. 28A-3-2(a) to be the properly appointed personal representative, such improperly appointed personal representative shall not thereby incur personal liability for administrative acts performed prior […]

§ 28A-3-5 – Waiver of venue.

28A-3-5. Waiver of venue. If questions as to priority of venue are not raised within three months after the issuance of letters testamentary or letters of administration to the personal representative, the validity of the proceeding shall not be affected by any error in venue. (1973, c. 1329, s. 3.)