North Carolina · statute · N.C. Gen. Stat. ch. 28A · 233 active provisions
Definitions. As used in this Chapter, unless the context otherwise requires, the term: (1) "Collector" means any person authorized to take possession, custody, or control of the personal property of the decedent for the purpose of executing the duties outlined in G.S. 28A-11-3. (1a) "Devisee" means any person entitled…
Clerk of superior court. The clerk of superior court of each county, ex officio judge of probate, shall have jurisdiction of the administration, settlement, and distribution of estates of decedents including, but not limited to, estate proceedings as provided in G.S. 28A-2-4. (R.C., c. 46, s. 1; C.C.P., s. 433; 1868-9,…
Assistant clerk of superior court. An assistant clerk of superior court shall have jurisdiction as provided by G.S. 7A-102. (1973, c. 1329, s. 3.)
Jurisdiction where clerk interested. Whenever the clerk of superior court is a subscribing witness to a will offered for probate in the clerk's county or has an interest, direct or indirect, in an estate or trust within the clerk's jurisdiction, jurisdiction with respect thereto shall be vested in the senior resident s…
Subject matter jurisdiction of the clerk of superior court in estate proceedings. (a) The clerks of superior court of this State, as ex officio judges of probate, shall have original jurisdiction of estate proceedings. Except as provided in subdivision (4) of this subsection, the jurisdiction of the clerk of superior c…
Subject matter jurisdiction of the clerk of superior court in special proceedings. The clerk of superior court also shall have jurisdiction over special proceedings, including, but not limited to, the following: (1) Special proceedings to obtain possession, custody, or control of assets as provided in G.S. 28A-13-3. (2…
Commencement of estate proceedings, pleadings, consolidation, and joinder. (a) Contested Estate Proceedings. - Contested estate proceedings brought against adverse parties shall be commenced by petition in the existing estate administration file. All parties not joined as petitioners shall be joined as respondents. The…
Representation of parties. (a) Notwithstanding any other applicable rule of the Rules of Civil Procedure or provision of Chapter 1 of the General Statutes, in any contested or uncontested estate proceeding or special proceeding, whether brought before the clerk of superior court or in the Superior Court Division of the…
Waiver of notice. A party, or a representative of a party as provided in G.S. 28A-2-7, may waive notice by a writing signed by the party, the representative, or the attorney of the party or the representative and filed in the proceeding. (2011-344, s. 4.)
Appeals of estate proceedings and special proceedings. (a) With the exception of appeals of special proceedings heard by the clerk of superior court, appeals in estate matters shall be as provided in G.S. 1-301.3. (b) Appeals in special proceedings shall be as provided in G.S. 1-301.2. (c) Any party may appeal from a d…
Approval of settlement agreements by the clerk. The clerk shall have the authority, in the clerk's discretion, to consider and approve settlement agreements where the following apply: (1) The controversy arises with respect to a matter over which the clerk has jurisdiction. (2) The controversy arose in good faith. Noth…
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, c. 99; 1923, c. 14; 1953, c…
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 clerk of…
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 c…
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 s…
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 nature of the testa…
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,…
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. The clerk of superior cou…
Manner of probate of attested written will or certified paper copy of attested written will stored as an electronic record. (a) An attested written will, executed as provided by G.S. 31-3.3, may be probated in any of the following ways: (1) Upon the testimony of at least two of the attesting witnesses. (2) If the testi…
Manner of probate of holographic will. A holographic will may be probated only upon the testimony of at least three competent witnesses that they believe that the will is written entirely in the handwriting of the person whose will it purports to be, and that the name of the testator as written in or on, or subscribed…
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, if any, and to the nex…
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 w…
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 o…
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…
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…