reglab/housing_qa huggingface dataset:
NC Gen Stat § 28A-1-1 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 1 - Definitions and Other General Provisions.|§ 28A-1-1 - Definitions.

 28A-1-1. Definitions.As used in this Chapter, unless the context otherwise requires, the term:(1) "Collector" means any person authorized to take possession, custody, or control of the personal property of the decedent for the purpose of executing the duties outlined in G.S. 28A-11-3.(1a) "Devisee" means any person entitled to take real or personal property under the provisions of a valid, probated will.(1b) "Estate proceeding" means a matter initiated by petition related to the administration, distribution, or settlement of an estate, other than a special proceeding. There may be more than one estate proceeding within the administration of a decedent's estate.(2) "Foreign personal representative" means a personal representative appointed in another jurisdiction, including a personal representative appointed in another country.(3) "Heir" means any person entitled to take real or personal property upon intestacy under the provisions of Chapter 29 of the General Statutes.(4) "Mortgage" includes a deed of trust.(4a) "Party," in the context of a contested or uncontested estate proceeding pursuant to G.S. 28A-2-6, means a party joined as a petitioner or respondent.(4b) "Person" means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.(5) "Personal representative" includes both an executor and an administrator, but does not include a collector.(6) Repealed by Session Laws 2011-344, s. 4, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.  (1973, c. 1329, s. 3; 1981, c. 955, c. 4; 2011-344, s. 4.)
NC Gen Stat § 28A-2-1 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2 - Jurisdiction for Probate of Wills and Administration of Estates of Decedents.|§ 28A-2-1 - Clerk of superior court.

 28A-2-1. Clerk of superior court.The clerk of superior court of each county, ex officio judge of probate, shall have jurisdiction of the administration, settlement, and distribution of estates of decedents including, but not limited to, estate proceedings as provided in G.S. 28A-2-4.  (R.C., c. 46, s. 1; C.C.P., s. 433; 1868-9, c. 113, s. 115; Code, s. 1374; Rev., s. 16; C.S., s. 1; 1931, c. 165; 1943, c. 543; 1951, c. 765; 1973, c. 1329, s. 3; 2011-344, s. 4.)
NC Gen Stat § 28A-2-2 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2 - Jurisdiction for Probate of Wills and Administration of Estates of Decedents.|§ 28A-2-2 - Assistant clerk of superior court.

 28A-2-2. Assistant clerk of superior court.An assistant clerk of superior court shall have jurisdiction as provided by G.S. 7A-102. (1973, c. 1329, s. 3.)
NC Gen Stat § 28A-2-3 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2 - Jurisdiction for Probate of Wills and Administration of Estates of Decedents.|§ 28A-2-3 - Jurisdiction where clerk interested.

 28A-2-3. Jurisdiction where clerk interested.Whenever the clerk of superior court is a subscribing witness to a will offered for probate in the clerk's county or has an interest, direct or indirect, in an estate or trust within the clerk's jurisdiction, jurisdiction with respect thereto shall be vested in the senior resident superior court judge of the clerk's district, and shall extend to all things which the clerk of superior court might have done in the administration of such estate.  (R.C., c. 46, s. 1; C.C.P., s. 433; 1868-9, c. 113, s. 115; Code, s. 1374; Rev., s. 16; C.S., s. 1; 1931, c. 165; 1943, c. 543; 1951, c. 765; 1973, c. 1329, s. 3; 1975, c. 300, s. 1; 2011-344, s. 4.)
NC Gen Stat § 28A-2-5 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2 - Jurisdiction for Probate of Wills and Administration of Estates of Decedents.|§ 28A-2-5 - Subject matter jurisdiction of the clerk of superior court in special proceedings.

 28A-2-5. Subject matter jurisdiction of the clerk of superior court in special proceedings.The clerk of superior court also shall have jurisdiction over special proceedings, including, but not limited to, the following:(1) Special proceedings to obtain possession, custody, or control of assets as provided in G.S. 28A-13-3.(2) Special proceedings relating to the sale, lease, or mortgage of real estate as provided in G.S. 28A-15-1 and in G.S. 28A-17-1.(3) Special proceedings against unknown heirs before distribution of estate as provided in G.S. 28A-22-3.Nothing in this section shall be deemed to limit the jurisdiction of the clerk of superior court in special proceedings.  (2011-344, s. 4.)
NC Gen Stat § 28A-2-7 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2 - Jurisdiction for Probate of Wills and Administration of Estates of Decedents.|§ 28A-2-7 - Representation of parties.

 28A-2-7. Representation of parties.(a) Notwithstanding any other applicable rule of the Rules of Civil Procedure or provision of Chapter 1 of the General Statutes, in any contested or uncontested estate proceeding or special proceeding, whether brought before the clerk of superior court or in the Superior Court Division of the General Court of Justice, the parties shall be represented as provided in Article 3 of Chapter 36C of the General Statutes.(b) In the case of any party represented by another as provided in subsection (a) of this section, service of process shall be made by serving such representative.  (2011-344, s. 4.)
NC Gen Stat § 28A-2-8 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2 - Jurisdiction for Probate of Wills and Administration of Estates of Decedents.|§ 28A-2-8 - Waiver of notice.

 28A-2-8. Waiver of notice.A party, or a representative of a party as provided in G.S. 28A-2-7, may waive notice by a writing signed by the party, the representative, or the attorney of the party or the representative and filed in the proceeding.  (2011-344, s. 4.)
NC Gen Stat § 28A-2-9 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2 - Jurisdiction for Probate of Wills and Administration of Estates of Decedents.|§ 28A-2-9 - Appeals of estate proceedings and special proceedings.

 28A-2-9. Appeals of estate proceedings and special proceedings.(a) With the exception of appeals of special proceedings heard by the clerk of superior court, appeals in estate matters shall be as provided in G.S. 1-301.3.(b) Appeals in special proceedings shall be as provided in G.S. 1-301.2.(c) Any party may appeal from a decision of the clerk of superior court in an estate proceeding or special proceeding to a superior court judge as provided for in G.S. 1-301.3; provided that the appeals from orders of the clerk of superior court in special proceedings shall be as provided in G.S. 1-301.2.  (2011-344, s. 4.)
NC Gen Stat § 28A-2-10 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2 - Jurisdiction for Probate of Wills and Administration of Estates of Decedents.|§ 28A-2-10 - Approval of settlement agreements by the clerk.

 28A-2-10. Approval of settlement agreements by the clerk.The clerk shall have the authority, in the clerk's discretion, to consider and approve settlement agreements where the following apply:(1) The controversy arises with respect to a matter over which the clerk has jurisdiction.(2) The controversy arose in good faith.Nothing herein shall be construed as giving a clerk the authority to approve a settlement agreement modifying the terms of a last will and testament or resolving a caveat of a last will and testament.  (2011-344, s. 4.)
NC Gen Stat § 28A-2A-1 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2A - Probate of Will.|§ 28A-2A-1 - Executor may apply for probate.

 28A-2A-1. Executor may apply for probate.Any executor named in a will may, at any time after the death of the testator, apply to the clerk of the superior court, having jurisdiction, to have the will admitted to probate.  (C.C.P., s. 439; Code, s. 2151; Rev., s. 3122; 1919, c. 15; C.S., s. 4139; 1921, c. 99; 1923, c. 14; 1953, c. 920, s. 2; 1975, c. 300, s. 13; 2011-344, s. 3; 2012-68, s. 1.)
NC Gen Stat § 28A-2A-2 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2A - Probate of Will.|§ 28A-2A-2 - Executor failing, beneficiary may apply.

 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.)
NC Gen Stat § 28A-2A-3 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2A - Probate of Will.|§ 28A-2A-3 - Clerk to notify devisees of probate of wills.

 28A-2A-3. Clerk to notify devisees of probate of wills.The clerks of the superior court of the State are hereby required and directed to notify by mail, all devisees whose addresses are known, designated in wills filed for probate in their respective counties. All expense incident to such notification shall be deemed a proper charge in the administration of the respective estates.  (1933, c. 133; 2011-284, s. 28; 2011-344, s. 3.)
NC Gen Stat § 28A-2A-4 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2A - Probate of Will.|§ 28A-2A-4 - Clerk shall compel production of will.

 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.)
NC Gen Stat § 28A-2A-5 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2A - Probate of Will.|§ 28A-2A-5 - What shown on application for probate.

 28A-2A-5. What shown on application for probate.On application to the clerk of the superior court, he must ascertain by affidavit of the applicant -(1) That such applicant is the executor or devisee named in the will, or is some other person interested in the estate, and how so interested.(2) The value and nature of the testator's property, as near as can be ascertained.(3) The names and residences of all parties entitled to the testator's property, if known, or that the same on diligent inquiry cannot be discovered; which of the parties in interest are minors, and whether with or without guardians, and the names and residences of such guardians, if known.Such affidavit shall be recorded with the will and the certificate of probate thereof, if the same is admitted to probate.  (C.C.P., s. 441; Code, s. 2153; Rev., s. 3125; C.S., s. 4142; 2011-284, s. 29; 2011-344, s. 3.)
NC Gen Stat § 28A-2A-6 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2A - Probate of Will.|§ 28A-2A-6 - Proof and examination in writing.

 28A-2A-6. Proof and examination in writing.Every clerk of the superior court shall take in writing the proofs and examinations of the witnesses touching the execution of a will, and he shall embody the substance of such proofs and examinations, in case the will is admitted to probate, in his certificate of the probate thereof, which certificate must be recorded with the will. The proofs and examinations as taken must be filed in the office.  (C.C.P., s. 437; Code, s. 2149; Rev., s. 3126; C.S., s. 4143; 2011-344, s. 3.)
NC Gen Stat § 28A-2A-7 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2A - Probate of Will.|§ 28A-2A-7 - Probate in solemn form.

 28A-2A-7. Probate in solemn form.(a) A person entitled to apply for probate of a will pursuant to G.S. 28A-2A-1 or G.S. 28A-2A-2 may file a petition for probate of the will in solemn form, and the matter shall proceed as an estate proceeding governed by Article 2 of Chapter 28A of the General Statutes. The clerk of superior court shall issue a summons to all interested parties in the estate. The clerk shall schedule a hearing at which the petitioner shall produce the evidence necessary to probate the will.(b) If an interested party contests the validity of the will, that person must file a caveat before the hearing or raise an issue of devisavit vel non at the hearing. Upon the filing of a caveat or raising of an issue of devisavit vel non, the clerk shall transfer the cause to the superior court, and the matter shall be heard as a caveat proceeding.(c) If no interested party contests the validity of the will, the probate shall be binding, and no interested party who was properly served may file a caveat of the probated will. Initiation of a probate in common form shall not preclude a person from applying for probate in solemn form.  (2011-344, s. 4.)
NC Gen Stat § 28A-2A-8 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2A - Probate of Will.|§ 28A-2A-8 - Manner of probate of attested written will.

 28A-2A-8. Manner of probate of attested written will.(a) An attested written will, executed as provided by G.S. 31-3.3, may be probated in the following manner:(1) Upon the testimony of at least two of the attesting witnesses; or(2) If the testimony of only one attesting witness is available, thena. Upon the testimony of such witness, andb. Upon proof of the handwriting of at least one of the attesting witnesses who is dead or whose testimony is otherwise unavailable, andc. Upon proof of the handwriting of the testator, unless he signed by his mark, andd. Upon proof of such other circumstances as will satisfy the clerk of the superior court as to the genuineness and due execution of the will; or(3) If the testimony of none of the attesting witnesses is available, thena. Upon proof of the handwriting of at least two of the attesting witnesses whose testimony is unavailable, andb. Upon compliance with paragraphs c. and d. of subsection (a)(2) of this section; or(4) Upon a showing that the will has been made self-proved in accordance with the provisions of G.S. 31-11.6.(b) Due execution of a will may be established, where the evidence required by subsection (a) of this section is unavoidably lacking or inadequate, by testimony of other competent witnesses as to the requisite facts.(c) The testimony of a witness is unavailable within the meaning of this section when the witness is dead, out of the State, not to be found within the State, incompetent, physically unable to testify or refuses to testify.  (1953, c. 1098, s. 12; 1977, c. 795, s. 2; 1979, c. 107, s. 4; 2011-344, ss. 3, 4.)
NC Gen Stat § 28A-2A-9 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2A - Probate of Will.|§ 28A-2A-9 - Manner of probate of holographic will.

 28A-2A-9. Manner of probate of holographic will.A holographic will may be probated only upon the testimony of at least three competent witnesses that they believe that the will is written entirely in the handwriting of the person whose will it purports to be, and that the name of the testator as written in or on, or subscribed to, the will is in the handwriting of the person whose will it purports to be.  (1953, c. 1098, s. 12; 2011-344, s. 3; 2021-85, s. 1(a).)
NC Gen Stat § 28A-2A-10 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2A - Probate of Will.|§ 28A-2A-10 - Manner of probate of nuncupative will.

 28A-2A-10. Manner of probate of nuncupative will.(a) No nuncupative will may be probated later than six months from the time it was made unless it was reduced to writing within 10 days after it was made.(b) Before a nuncupative will may be probated(1) Written notice must be given to the surviving spouse, if any, and to the next of kin, by the clerk of the court in which it is to be probated, notifying them that the will has been offered for probate and that they may, if they desire, oppose the probate thereof, or(2) When the surviving spouse or next of kin are not known or when for any other reason such notice cannot be given, a notice to the same effect must be published not less than once a week for four consecutive weeks in some newspaper published in the county where the will is offered for probate, or if no newspaper is published in the county, then in some newspaper having general circulation therein.(c) A nuncupative will may be probated only in the following manner:(1) Upon the testimony of at least two competent witnesses who establish the terms of such will and who state that they were simultaneously present at the making thereof, that the testator declared he was then making his will, and that they were then and there specially requested by him to bear witness thereto; and(2) Upon the testimony of one competent witness, who may but need not be one of the witnesses referred to in subdivision (1) of this subsection, that the will was made in the testator's last illness or while he was in imminent peril of death, and that he did not survive such sickness or imminent peril, but it is not necessary that all such facts be proved by the testimony of the same witness.  (1953, c. 1098, s. 12; 2011-344, s. 3.)
NC Gen Stat § 28A-2A-11 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2A - Probate of Will.|§ 28A-2A-11 - Probate of wills of members of the Armed Forces of the United States.

 28A-2A-11. Probate of wills of members of the Armed Forces of the United States.In addition to the methods already provided in existing statutes therefor, a will executed by a person while in the Armed Forces of the United States or the United States Merchant Marine, shall be admitted to probate (whether there were subscribing witnesses thereto or not, if they, or either of them, is out of the State at the time said will is offered for probate) upon the oath of at least three credible witnesses that the signature to said will is in the handwriting of the person whose will it purports to be. Such will so proven shall be effective to devise real property as well as to bequeath personal estate of all kinds. This section shall not apply to cases pending in courts and at issue on the date of its ratification.  (1919, c. 216; C.S., s. 4151; Ex. Sess. 1921, c. 39; 1943, c. 218; 1945, c. 81; 1953, c. 1098, s. 13; 2011-183, s. 27; 2011-284, s. 30; 2011-344, s. 3.)
NC Gen Stat § 28A-2A-12 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2A - Probate of Will.|§ 28A-2A-12 - Probate conclusive until vacated; substitution of consolidated bank as executor or trustee under will.

 28A-2A-12. Probate conclusive until vacated; substitution of consolidated bank as executor or trustee under will.Such record and probate is conclusive in evidence of the validity of the will, until it is vacated on appeal or declared void by a competent tribunal. Provided, that whenever in a will so probated or recorded a bank or trust company shall be named executor and/or trustee and shall have at the time of such probate and recording become absorbed by or consolidated with another bank or trust company or shall have sold and transferred all its assets and liabilities to another bank or trust company doing business in North Carolina, such latter bank or trust company shall be deemed substituted for and shall have all the rights and powers of the former bank or trust company.  (C.C.P., s. 438; Code, s. 2150; Rev., s. 3128; C.S., s. 4145; 1929, c. 150; 1941, c. 79; 2011-344, s. 3.)
NC Gen Stat § 28A-2A-13 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2A - Probate of Will.|§ 28A-2A-13 - Wills filed in clerk's office; certified copies filed for real property in other counties.

 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.)
NC Gen Stat § 28A-2A-14 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2A - Probate of Will.|§ 28A-2A-14 - Validation of wills heretofore certified and recorded.

 28A-2A-14. Validation of wills heretofore certified and recorded.All wills which have prior to March 9, 1921, been certified and recorded in the office of the clerk of the superior court of any county, substantially following the provisions of G.S. 28A-2A-13, are hereby validated and approved as to the conveyance and transfer of any title to real estate as contained therein, to the same extent as if said wills had originally been probated and filed in said county, and the clerk of the superior court of said county had had jurisdiction to probate the same, provided the probates and witnesses to the said wills are sufficient and according to law.  (1921, c. 108, s. 2; C.S., s. 4146(a); 2011-344, ss. 3, 4.)
NC Gen Stat § 28A-2A-15 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 2A - Probate of Will.|§ 28A-2A-15 - Certified copy of will proved in another state or country.

 28A-2A-15. Certified copy of will proved in another state or country.When a will, made by a citizen of this State, is proved and allowed in some other state or country, and the original will cannot be removed from its place of legal deposit in such other state or country, for probate in this State, the clerk of the superior court of the county where the testator had his last usual residence or has any property, upon a duly certified copy or exemplification of such will being exhibited to him for probate, shall take every order and proceeding for proving, allowing and recording such copy as by law might be taken upon the production of the original.  (1802, c. 623; R.C., c. 44, s. 9; C.C.P., s. 445; Code, s. 2157; Rev., s. 3130; C.S., s. 4147; 2011-344, s. 3.)