Chapter 31 Wills
Article 1 - Execution of Will.
- § 31-1 Who may make will
Any person of sound mind, and 18 years of age or over, may make a will. (1811, c. 280; R.C., c. 119, s. 2; Code,...
- § 31-2 Repealed by Session Laws 1953, c. 1098, s. 1
- § 31-3 Rewritten and renumbered as G.S. 31-3.1 to 31-3.6 by Session Laws 1953, c. 1098, s. 2
- § 31-3.1 Will invalid unless statutory requirements complied with
No will is valid unless it complies with the requirements prescribed therefor by this Article. (1953, c. 1098, s. 2.)
- § 31-3.2 Kinds of wills
(a) Personal property may be bequeathed and real property may be devised by (1) An attested written will which complies with the requirements of G.S....
- § 31-3.3 Attested written will
(a) An attested written will is a written will signed by the testator and attested by at least two competent witnesses as provided by this...
- § 31-3.4 Holographic will
(a) A holographic will is a will (1) Written entirely in the handwriting of the testator but when all the words appearing on a paper...
- § 31-3.5 Nuncupative will
A nuncupative will is a will (1) Made orally by a person who is in his last sickness or in imminent peril of death and...
- § 31-3.6 Seal not required
A seal is not necessary to the validity of a will. (1953, c. 1098, s. 2.)
- § 31-4 Execution of power of appointment by will
No appointment, made by will in the exercise of any power, shall be valid unless the same be executed in the manner by law required...
Article 2 - Revocation of Will.
- § 31-5 Rewritten and renumbered as G.S. 31-5.1 by Session Laws 1953, c. 1098, s. 3
- § 31-5.1 Revocation of written will
A written will, or any part thereof, may be revoked only (1) By a subsequent written will or codicil or other revocatory writing executed in...
- § 31-5.2 Revocation of nuncupative will
A nuncupative will or any part thereof may be revoked (1) By a subsequent nuncupative will, or (2) By a subsequent written will or codicil...
- § 31-5.3 Will not revoked by marriage; dissent from will made prior to marriage
A will is not revoked by a subsequent marriage of the maker; and the surviving spouse may petition for an elective share when there is...
- § 31-5.4 Revocation by divorce or annulment; revival
Dissolution of marriage by absolute divorce or annulment after making a will does not revoke the will of any testator but, unless otherwise specifically provided...
- § 31-5.5 After-born or after-adopted child; illegitimate child; effect on will
(a) A will shall not be revoked by the subsequent birth of a child to the testator, or by the subsequent adoption of a child...
- § 31-5.6 No revocation by subsequent conveyance
No conveyance or other act made or done subsequently to the execution of a will of, or relating to, any real or personal estate therein...
- § 31-5.7 Specific provisions for revocation exclusive; effect of changes in circumstances
No will can be revoked in whole or in part by any act of the testator or by a change in his circumstances or condition...
- § 31-5.8 Revival of revoked will
No will or any part thereof that has been in any manner revoked can, except as provided in G.S. 31‑5.4, be revived otherwise than by...
- § 31-6 Renumbered as G.S. 31-5.3 by Session Laws 1953, c. 1098, s. 5
- § 31-7 Repealed by Session Laws 1953, c. 1098, s. 9
- § 31-8 Renumbered as G.S. 31-5.6 by Session Laws 1953, c. 1098, s. 8
Article 3 - Witnesses to Will.
Article 4 - Depository for Wills.
Article 4A - Self-Proved Wills.
- § 31-11.6 How attested wills may be made self-proved
(a) Any will may be simultaneously executed, attested, and made self‑proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before...
Article 5 - Probate of Will.
- § 31-12 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...
- § 31-13 Executor failing, beneficiary may apply
If no executor apply to have the will proved within 60 days after the death of the testator, any devisee or legatee named in the...
- § 31-14 Clerk to notify legatees and devisees of probate of wills
The clerks of the superior court of the State are hereby required and directed to notify by mail, all legatees and devisees whose addresses are...
- § 31-15 Clerk may 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,...
- § 31-16 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, devisee...
- § 31-17 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...
- § 31-18 Rewritten and renumbered as G.S. 31-18.1 to 31-18.3 by Session Laws 1953, c. 1098, s. 12
- § 31-18.1 Manner of probate of attested written will
(a) An attested written will, executed as provided by G.S. 31‑3.3, may be probated in the following manner: (1) Upon the testimony of at least...
- § 31-18.2 Manner of probate of holographic will
A holographic will may be probated only in the following manner: (1) Upon the testimony of at least three competent witnesses that they believe that...
- § 31-18.3 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...
- § 31-18.4 Probate of wills of members of the armed forces
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...
- § 31-19 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...
- § 31-20 Wills filed in clerk's office
All original wills shall remain in the clerk's office, among the records of the court where the same shall be proved, and to such wills...
- § 31-21 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...
- § 31-22 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...
- § 31-23 Repealed by Session Laws 1987, c. 78, s. 1
- § 31-24 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...
- § 31-25 through 31-25.1 Repealed by Session Laws 1987, c. 78, s. 1
- § 31-26 Renumbered as G.S. 31-18.4 by Session Laws 1953, c. 1098, s. 13
- § 31-27 Certified copy of will of nonresident recorded
(a) Subject to the provisions of subsection (b), if the will of a citizen or subject of another state or country is probated in accordance...
- § 31-28 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...
- § 31-29 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...
- § 31-30 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...
- § 31-31 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...
- § 31-31.1 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...
- § 31-31.2 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...
Article 6 - Caveat to Will.
- § 31-32 When and by whom caveat filed
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,...
- § 31-33 Bond given and cause transferred to trial docket
When a caveator shall have given bond with surety approved by the clerk, in the sum of two hundred dollars ($200.00), payable to the propounder...
- § 31-34 Prosecution bond required in actions to contest wills
When any action is instituted to contest a will the clerk of the superior court will require the prosecution bond required in other civil actions:...
- § 31-35 Affidavit of witness as evidence
Whenever the subscribing witness to any will shall die, or be insane or mentally incompetent, or be absent beyond the State, it shall be competent...
- § 31-36 Caveat suspends proceedings under will
Where a caveat is entered and bond given, the clerk of the superior court shall forthwith issue an order to any personal representative, having the...
- § 31-37 Superior court clerks to enter notice of caveat on will book; final judgment also to be entered
Wherever a caveat is filed with the clerk of the superior court of any county in the State to any last will and testament which...
- § 31-37.1 Parties may enter into a settlement agreement
Prior to an entry of judgment by the superior court in a caveat proceeding, the parties may enter into a settlement agreement, whereupon judgment may...
Article 7 - Construction of Will.
- § 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...
- § 31-39 Probate necessary to pass title; recordation in county where land lies; rights of innocent purchasers
No will shall be effectual to pass real or personal estate unless it shall have been duly proved and allowed in the probate court of...
- § 31-40 What property passes by will
Any testator, by his will duly executed, may devise, bequeath, or dispose of all real and personal estate which he shall be entitled to at...
- § 31-41 Will relates to death of testator
Every will shall be construed, with reference to the real and personal estate comprised therein, to speak and take effect as if it had been...
- § 31-42 Failure of devises by lapse or otherwise; renunciation; 120-hour survivorship requirement, revised simultaneous death act, Article 24, Chapter 28A
(a) Unless the will indicates a contrary intent, if a devisee predeceases the testator, whether before or after the execution of the will, and if...
- § 31-42.1 through 31-42.2 Repealed by Session Laws 1965, c. 938, s. 2
- § 31-43 General gift by will an execution of power of appointment
A general devise of the real estate of the testator, or of his real estate in any place or in the occupation of any person...
- § 31-44 Repealed by Session Laws 1951, c. 762, s. 2
- § 31-45 Rewritten and renumbered as G.S. 31-5.5 by Session Laws 1953, c. 1098, s. 7
- § 31-46 Validity of will; which laws govern
A will is valid if it meets the requirements of the applicable provisions of law in effect in this State either at the time of...
Article 8 - Testamentary Additions to Trusts.
- § 31-47 Testamentary additions to trusts
(a) A will may validly devise property to: (1) The trustee of a trust established before the testator's death by the testator, by the testator...
Article 9 - Incorporation by Reference; Acts of Independent Significance.
- § 31-51 Incorporation by reference
A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes...
- § 31-52 Acts and events of independent significance
A will may dispose of property by reference to acts and events that have significance apart from their effect upon the disposition made by the...
