Senate Bill 846 Summary

• Clarifies and consolidates North Carolina law regarding how title to real and personal property passes through a will and protects the rights of lien creditors and purchasers for value.

• A probated will is effective to pass title to real and personal property; however, a will is not effective against lien creditors or purchasers for valuable consideration from intestate heirs unless probated before the earlier of: (i) approval of the final account by the clerk of superior court, or (ii) two years from the decedent's death.

• Requires a certified copy of a will to be filed in the county where real property is located within the same time limitations to be effective against lien creditors or purchasers in that county.

• Allows conveyances made by intestate heirs before the time limitation expires to become valid after that time expires, unless a will probate proceeding is instituted before expiration.

• Effective when law is enacted and applies to estates of decedents dying on or after that date.