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N.C. Gen. Stat. § 28A-2A-8

Manner of probate of attested written will or certified paper copy of attested written will stored as an electronic record

Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
(1) An attested written will, executed as provided by G.S. 31-3.3, may be probated in the following manner: Upon the testimony of at least two of the attesting witnesses; or
(1) An attested written will, executed as provided by G.S. 31-3.3, may be probated in the following manner: Upon the testimony of at least two of the attesting witnesses; or
(2) If the testimony of only one attesting witness is available, then Upon the testimony of such witness, and
(2) If the testimony of only one attesting witness is available, then Upon the testimony of such witness, and
(3) Upon proof of the handwriting of at least one of the attesting witnesses who is dead or whose testimony is otherwise unavailable, and
(3) Upon proof of the handwriting of at least one of the attesting witnesses who is dead or whose testimony is otherwise unavailable, and
(4) Upon proof of the handwriting of the testator, unless he signed by his mark, and
(4) Upon proof of the handwriting of the testator, unless he signed by his mark, and
(5) Upon proof of such other circumstances as will satisfy the clerk of the superior court as to the genuineness and due execution of the will; or
(5) Upon proof of such other circumstances as will satisfy the clerk of the superior court as to the genuineness and due execution of the will; or
(6) If the testimony of none of the attesting witnesses is available, then Upon proof of the handwriting of at least two of the attesting witnesses whose testimony is unavailable, and
(6) If the testimony of none of the attesting witnesses is available, then Upon proof of the handwriting of at least two of the attesting witnesses whose testimony is unavailable, and
(7) Upon compliance with paragraphs c. and d. of subsection (a)(2) of this section; or
(7) Upon compliance with paragraphs c. and d. of subsection (a)(2) of this section; or
(8) Upon a showing that the will has been made self-proved in accordance with the provisions of G.S. 31-11.6.
(8) Upon a showing that the will has been made self-proved in accordance with the provisions of G.S. 31-11.6.
(9) Due execution of a will may be established, where the evidence required by subsection (a) of this section is unavoidably lacking or inadequate, by testimony of other competent witnesses as to the requisite facts.
(9) Due execution of a will may be established, where the evidence required by subsection (a) of this section is unavoidably lacking or inadequate, by testimony of other competent witnesses as to the requisite facts.
(10) The testimony of a witness is unavailable within the meaning of this section when the witness is dead, out of the State, not to be found within the State, incompetent, physically unable to testify or refuses to testify.
(10) The testimony of a witness is unavailable within the meaning of this section when the witness is dead, out of the State, not to be found within the State, incompetent, physically unable to testify or refuses to testify.
History

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.