28A-2A-20. Validation of wills recorded without probate by subscribing witnesses.
In all cases where wills and testaments were executed prior to the first day of January, 1875, and which appear as recorded in the record of last wills and testaments to have had two or more witnesses thereto, and such last wills and testaments were admitted to probate and recorded in the record of wills in the proper county in this State prior to the first day of January, 1888, without having been duly proven as provided by law, and such wills were presented to the clerk of the superior court in any county in this State where the makers of said wills owned property, and where the makers of such wills lived and died, and were by such clerks recorded in the record of wills for that county, said wills and testaments or exemplified copies or certified true copies thereof, so recorded, if otherwise sufficient, shall have the effect to pass the title to real or personal property, or both, therein devised, to the same extent and as completely as if the execution thereof had been duly proven by the two subscribing witnesses thereto in the manner provided by law of this State. Nothing herein shall be construed to prevent such wills from being impeached for fraud. (1921, c. 66; C.S., s. 4157(a); 1997-81, s. 3; 2011-284, s. 31; 2011-344, s. 3.)
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.