28A-2A-4. Clerk shall compel production of will.
Every clerk of the superior court having jurisdiction, on application by affidavit setting forth the facts, shall, by summons, compel any person in the State, having in possession the last will of any decedent, to exhibit the same in his court for probate; and whoever being duly summoned refuses, in contempt of the court, to produce such will, or (the same having been parted with by him) refuses to inform the court on oath where such will is, or in what manner he has disposed of it, shall, by order of the clerk of the superior court, be committed to the jail of the county, there to remain without bail till such will be produced or accounted for, and due submission made for the contempt. (C.C.P., s. 442; Code, s. 2154; Rev., s. 3124; C.S., s. 4141; 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.