Loading chat...

NC H1066

Bill

Status

Passed

6/26/2012

Primary Sponsor

Larry Bell

Click for details

Origin

House of Representatives

2011-2012 Session

AI Summary

  • Removes the two-year time limitation for probating wills in G.S. 28A-2A-1, allowing executors to apply for probate at any time after the testator's death.

  • Restructures G.S. 31-39 to clarify that a duly probated will is effective to pass title to real and personal property.

  • Establishes that wills are not effective against lien creditors or purchasers for value from intestate heirs unless probated before the earlier of: approval of the final account by the clerk of superior court, or two years from the decedent's death.

  • Requires certified copies of probated wills to be filed in the clerk of superior court office in the county where real property is located within the applicable time limitation to be effective against creditors and purchasers.

  • Provides that conveyances by intestate heirs made before the time limitation expires become effective after expiration if no probate proceeding is instituted during that time; effective October 1, 2012 for estates of decedents dying on or after that date.

Legislative Description

Passing Title by Will

Last Action

Ch. SL 2012-68

6/26/2012

Committee Referrals

Judiciary I6/4/2012
Judiciary Subcommittee A5/23/2012

Full Bill Text

No bill text available