28A-2A-23. Validation of wills when recorded without order of probate or registration upon oath and examination of subscribing witness or witnesses.
Whenever any last will and testament has been duly presented to the clerk of the superior court, and the said will together with the oath and examination of the subscribing witness or witnesses thereto taken before a notary public in the county in which the will is probated, or taken before a notary public of any other county, or before the clerk of the superior court of said county, or any other county, is duly recorded in the office of the clerk of the superior court of the said county, without a formal order of probate or registration, such will, if executed in accordance with the laws of this State, is hereby validated with respect to the probate and registration thereof and shall be sufficient to pass title to all real and personal property purported to be transferred thereby to the same extent that the said will would have done so if there had been a formal order of probate and registration. This section shall apply only to wills presented to the clerk of the superior court and recorded prior to the first day of January, 1943. (1951, c. 725; 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.