North Carolina § 28A-2A-5 - What shown on application for probate.

§ 28A-2A-5. What shown on application for probate.

On application to the clerk of the superior court, he must ascertain by affidavit of the applicant - 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. The value and nature of the testator's property, as near as can be ascertained. The names and residences of all parties entitled to the testator's property, if known, or that the same on diligent inquiry cannot be discovered; which of the parties in interest are minors, and whether with or without guardians, and the names and residences of such guardians, if known. Such affidavit shall be recorded with the will and the certificate of probate thereof, if the same is admitted to probate. History (C.C.P., s. 441; Code, s. 2153; Rev., s. 3125; C.S., s. 4142; 2011-284, s. 29; 2011-344, s. 3.) Editor's Note. - This section was formerly G.S. 31-16. It was recodified as G.S. 28A-2A-5 by Session Laws 2011-344, s. 3, effective January 1, 2012, and applicable to estates of decedents dying on or after that date. Effect of Amendments. - Session Laws 2011-284, s. 29, effective June 24, 2011, substituted "executor or devisee" for "executor, devisee or legatee" in subdivision (1).