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NC H1066
Bill
Status
6/26/2012
Primary Sponsor
Larry Bell
Click for details
AI Summary
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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.
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Restructures G.S. 31-39 to clarify that a duly probated will is effective to pass title to real and personal property.
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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.
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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.
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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