§ 28A-2A-1 Executor may apply for probate
§ 28A-2A-2 Executor failing, beneficiary may apply
§ 28A-2A-3 Clerk to notify devisees of probate of wills
§ 28A-2A-4 Clerk shall compel production of will
§ 28A-2A-5 What shown on application for probate
§ 28A-2A-6 Proof and examination in writing
§ 28A-2A-7 Probate in solemn form
§ 28A-2A-8 Manner of probate of attested written will
§ 28A-2A-9 Manner of probate of holographic will
§ 28A-2A-10 Manner of probate of nuncupative will
§ 28A-2A-11 Probate of wills of members of the Armed Forces of the United States
§ 28A-2A-12 Probate conclusive until vacated; substitution of consolidated bank as executor or trustee under will
§ 28A-2A-13 Wills filed in clerk’s office; certified copies filed for real property in other counties
§ 28A-2A-14 Validation of wills heretofore certified and recorded
§ 28A-2A-15 Certified copy of will proved in another state or country
§ 28A-2A-16 Examination of witnesses by affidavit
§ 28A-2A-17 Certified copy of will of nonresident recorded
§ 28A-2A-18 Probates validated where proof taken by commissioner or another clerk
§ 28A-2A-19 Probates in another state before 1860 validated
§ 28A-2A-20 Validation of wills recorded without probate by subscribing witnesses
§ 28A-2A-21 Validation of wills admitted on oath of one subscribing witness
§ 28A-2A-22 Validation of probates of wills when witnesses examined before notary public; acts of deputy clerks validated
§ 28A-2A-23 Validation of wills when recorded without order of probate or registration upon oath and examination of subscribing witness or witnesses
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Terms Used In North Carolina General Statutes > Chapter 28A > Article 2A - Probate of Will

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bequeath: To gift property by will.
  • Decedent: A deceased person.
  • Devise: To gift property by will.
  • Devisee: means any person entitled to take real or personal property under the provisions of a valid, probated will. See North Carolina General Statutes 28A-1-1
  • Estate proceeding: means a matter initiated by petition related to the administration, distribution, or settlement of an estate, other than a special proceeding. See North Carolina General Statutes 28A-1-1
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Oath: A promise to tell the truth.
  • oath: shall be construed to include "affirmation" in all cases where by law an affirmation may be substituted for an oath, and in like cases the word "sworn" shall be construed to include the word "affirmed. See North Carolina General Statutes 12-3
  • Probate: Proving a will
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. 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
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3