North Carolina § 28A-2A-1 - Executor may apply for probate.

§ 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. History (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. 920, s. 2; 1975, c. 300, s. 13; 2011-344, s. 3; 2012-68, s. 1.) Cross References. - As to disqualification of clerk, see G.S. 7A-104 . As to jurisdiction with respect to an estate or trust where the clerk otherwise having jurisdiction is a subscribing witness to the will or has an interest in the estate or trust, see G.S. 28A-2-3 . As to rights of innocent purchasers when will withheld from probate, see G.S. 31-39 . Notes Applicable to Entire Article. - Session Laws 2011-344, s. 3, recodified former Article 5 of Chapter 31 of the General Statutes, G.S. 31-12 through 31-31.2, as Article 2A of Chapter 28A of the General Statutes, G.S. 28A-2A-1 through 28A-2A-23. Historical citations to sections in the former article have been added to the corresponding sections in this Article. Some of the cases cited in the notes to the sections of this Article construe similar provisions of the former Article. Editor's Note. - This section was formerly G.S. 31-12 . It was recodified as G.S. 28A-2A-1 by Session Laws 2011-344, s. 3, effective January 1, 2012, and applicable to estates of decedents dying on or after that date. Session Laws 2012-68, s. 3 made the amendments to this section by Session Laws 2012-68, s. 1, applicable to estates of decedents dying on or after October 1, 2012. Effect of Amendments. - Session Laws 2012-68, s. 1, effective October 1, 2012, substituted "the will" for "the same" in the first sentence, and deleted the former second and third sentences, which read: "Such will shall not be valid or effective to pass real estate or personal property as against innocent purchasers for value and without notice, unless it is probated or offered for probate within two years after the death of the testator or devisor or prior to the time of approval of the final account of a duly appointed administrator of the estate of the deceased, whichever time is earlier. If such will is fraudulently suppressed, stolen or destroyed, or has been lost, and an action or proceeding shall be commenced within two years from the death of the testator or devisor to obtain said will or establish the same as provided by law, then the limitation herein set out shall only begin to run from the termination of said action or proceeding, but not otherwise". For applicability, see Editor's note. Legal Periodicals. - As to purpose of 1921 and 1923 amendments to this section, see 1 N.C.L. Rev. 314 (1923). For note on "Two Methods of Probate in Solemn Form in North Carolina," see 30 N.C.L. Rev. 470 (1952). For note as to procedure for probate upon death of survivor of testators of joint will, see 35 N.C.L. Rev. 345 (1957). For note on the problem of after-discovered wills, see 47 N.C.L. Rev. 723 (1969).