28A-2A-2. Executor failing, beneficiary may apply.
If no executor applies to have the will proved within 60 days after the death of the testator, any devisee named in the will, or any other person interested in the estate, may make such application, upon 10 days' notice thereof to the executor. For good cause shown, the clerk of superior court may shorten the initial 60-day period during which the executor may apply to have the will proved. (C.C.P., s. 440; Code, s. 2152; Rev., s. 3123; C.S., s. 4140; 2011-284, s. 27; 2011-344, ss. 3, 4.)
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.