28A-2A-13. Wills filed in clerk's office; certified copies filed for real property in other counties.
(a) All original probated wills shall remain in the office of the clerk of superior court, among the public records of the court where the wills were probated.
(b) If a probated will devises real property outside the county where the will was probated, a copy of the will and a copy of the certificate of probate of the will, certified under the hand and seal of the clerk of the superior court of the county where the will was probated, may be filed in the office of the clerk of the superior court of any other county in this State in which the real property is situated. The filing of the probated will in the county where the real property is situated shall have the same effect for purposes of G.S. 31-39(c) as to the priorities of claims against the real property as if the will had originally been probated in that county and as if the clerk of superior court of that county had jurisdiction to probate the will. (1777, c. 115, s. 59; R.C., c. 119, s. 19; Code, s. 2173; Rev., s. 3129; 1921, c. 108, s. 1; C.S., s. 4146; 2011-344, s. 3; 2014-107, s. 2.1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 28A - Administration of Decedents' Estates
§ 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-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.