North Carolina General Statutes 28A-2A-8. Manner of probate of attested written will
(a) An attested written will, executed as provided by N.C. Gen. Stat. § 31-3.3, may be probated in the following manner:
(1) Upon the testimony of at least two of the attesting witnesses; or
Terms Used In North Carolina General Statutes 28A-2A-8
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Testator: A male person who leaves a will at death.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) If the testimony of only one attesting witness is available, then
a. Upon the testimony of such witness, and
b. Upon proof of the handwriting of at least one of the attesting witnesses who is dead or whose testimony is otherwise unavailable, and
c. Upon proof of the handwriting of the testator, unless he signed by his mark, and
d. 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
(3) If the testimony of none of the attesting witnesses is available, then
a. Upon proof of the handwriting of at least two of the attesting witnesses whose testimony is unavailable, and
b. Upon compliance with paragraphs c. and d. of subsection (a)(2) of this section; or
(4) Upon a showing that the will has been made self-proved in accordance with the provisions of N.C. Gen. Stat. § 31-11.6
(b) 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.
(c) 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. (1953, c. 1098, s. 12; 1977, c. 795, s. 2; 1979, c. 107, s. 4; 2011-344, ss. 3, 4.)