State Codes and Statutes

Statutes > North-carolina > Chapter_31 > GS_31-27

§31‑27.  Certified copy of will of nonresident recorded.

(a)        Subject to theprovisions of subsection (b), if the will of a citizen or subject of anotherstate or country is probated in accordance with the laws of that jurisdictionand a duly certified copy of the will and the probate proceedings are producedbefore a clerk of superior court of any county wherein the testator hadproperty, the copy of the will shall be probated as if it were the original. If the jurisdiction is within the United States, the copy of the will and theprobate proceedings shall be certified by the clerk of the court wherein thewill was probated.  If the jurisdiction is outside the United States, the copyof the will and probate proceedings shall be certified by any ambassador,minister, consul or commercial agent of the United States under his officialseal.

(b)        For a copy of awill probated under the provisions of subsection (a) to be valid to pass titleto or otherwise dispose of real estate in this State, the execution of saidwill according to the laws of this State must appear affirmatively, to thesatisfaction of the clerk of the superior court of the county in which suchwill is offered for probate, from the testimony of a witness or witnesses tosuch will, or from findings of fact or recitals in the order of probate, orotherwise in such certified copy of the will and probate proceedings.

(c)        If the execution ofthe will in accordance with the laws of this State does not appear as requiredby subsection (b), the clerk before whom the copy is exhibited shall have powerto take proof as prescribed in G.S. 31‑24, and the will may be adjudgedduly proved, and if so proved, the will shall be recorded as herein provided.

(d)        Any copy of a willof a nonresident heretofore allowed, filed and recorded in this State incompliance with the foregoing shall be valid to pass title to or otherwisedispose of real estate in this State. (C.C.P., s. 444; 1883, c.144; Code, s. 2156; 1885, c. 393; Rev., s. 3133; C.S., s. 4152; 1941, c. 381; 1965,c. 995; 1987, c. 78, s. 3.)

State Codes and Statutes

Statutes > North-carolina > Chapter_31 > GS_31-27

§31‑27.  Certified copy of will of nonresident recorded.

(a)        Subject to theprovisions of subsection (b), if the will of a citizen or subject of anotherstate or country is probated in accordance with the laws of that jurisdictionand a duly certified copy of the will and the probate proceedings are producedbefore a clerk of superior court of any county wherein the testator hadproperty, the copy of the will shall be probated as if it were the original. If the jurisdiction is within the United States, the copy of the will and theprobate proceedings shall be certified by the clerk of the court wherein thewill was probated.  If the jurisdiction is outside the United States, the copyof the will and probate proceedings shall be certified by any ambassador,minister, consul or commercial agent of the United States under his officialseal.

(b)        For a copy of awill probated under the provisions of subsection (a) to be valid to pass titleto or otherwise dispose of real estate in this State, the execution of saidwill according to the laws of this State must appear affirmatively, to thesatisfaction of the clerk of the superior court of the county in which suchwill is offered for probate, from the testimony of a witness or witnesses tosuch will, or from findings of fact or recitals in the order of probate, orotherwise in such certified copy of the will and probate proceedings.

(c)        If the execution ofthe will in accordance with the laws of this State does not appear as requiredby subsection (b), the clerk before whom the copy is exhibited shall have powerto take proof as prescribed in G.S. 31‑24, and the will may be adjudgedduly proved, and if so proved, the will shall be recorded as herein provided.

(d)        Any copy of a willof a nonresident heretofore allowed, filed and recorded in this State incompliance with the foregoing shall be valid to pass title to or otherwisedispose of real estate in this State. (C.C.P., s. 444; 1883, c.144; Code, s. 2156; 1885, c. 393; Rev., s. 3133; C.S., s. 4152; 1941, c. 381; 1965,c. 995; 1987, c. 78, s. 3.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_31 > GS_31-27

§31‑27.  Certified copy of will of nonresident recorded.

(a)        Subject to theprovisions of subsection (b), if the will of a citizen or subject of anotherstate or country is probated in accordance with the laws of that jurisdictionand a duly certified copy of the will and the probate proceedings are producedbefore a clerk of superior court of any county wherein the testator hadproperty, the copy of the will shall be probated as if it were the original. If the jurisdiction is within the United States, the copy of the will and theprobate proceedings shall be certified by the clerk of the court wherein thewill was probated.  If the jurisdiction is outside the United States, the copyof the will and probate proceedings shall be certified by any ambassador,minister, consul or commercial agent of the United States under his officialseal.

(b)        For a copy of awill probated under the provisions of subsection (a) to be valid to pass titleto or otherwise dispose of real estate in this State, the execution of saidwill according to the laws of this State must appear affirmatively, to thesatisfaction of the clerk of the superior court of the county in which suchwill is offered for probate, from the testimony of a witness or witnesses tosuch will, or from findings of fact or recitals in the order of probate, orotherwise in such certified copy of the will and probate proceedings.

(c)        If the execution ofthe will in accordance with the laws of this State does not appear as requiredby subsection (b), the clerk before whom the copy is exhibited shall have powerto take proof as prescribed in G.S. 31‑24, and the will may be adjudgedduly proved, and if so proved, the will shall be recorded as herein provided.

(d)        Any copy of a willof a nonresident heretofore allowed, filed and recorded in this State incompliance with the foregoing shall be valid to pass title to or otherwisedispose of real estate in this State. (C.C.P., s. 444; 1883, c.144; Code, s. 2156; 1885, c. 393; Rev., s. 3133; C.S., s. 4152; 1941, c. 381; 1965,c. 995; 1987, c. 78, s. 3.)