28A-2-3. Jurisdiction where clerk interested.
Whenever the clerk of superior court is a subscribing witness to a will offered for probate in the clerk's county or has an interest, direct or indirect, in an estate or trust within the clerk's jurisdiction, jurisdiction with respect thereto shall be vested in the senior resident superior court judge of the clerk's district, and shall extend to all things which the clerk of superior court might have done in the administration of such estate. (R.C., c. 46, s. 1; C.C.P., s. 433; 1868-9, c. 113, s. 115; Code, s. 1374; Rev., s. 16; C.S., s. 1; 1931, c. 165; 1943, c. 543; 1951, c. 765; 1973, c. 1329, s. 3; 1975, c. 300, s. 1; 2011-344, s. 4.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 28A - Administration of Decedents' Estates
Article 2 - Jurisdiction for Probate of Wills and Administration of Estates of Decedents.
§ 28A-2-1 - Clerk of superior court.
§ 28A-2-2 - Assistant clerk of superior court.
§ 28A-2-3 - Jurisdiction where clerk interested.
§ 28A-2-4 - Subject matter jurisdiction of the clerk of superior court in estate proceedings.
§ 28A-2-5 - Subject matter jurisdiction of the clerk of superior court in special proceedings.
§ 28A-2-6 - Commencement of estate proceedings, pleadings, consolidation, and joinder.
§ 28A-2-7 - Representation of parties.
§ 28A-2-9 - Appeals of estate proceedings and special proceedings.
§ 28A-2-10 - Approval of settlement agreements by the clerk.